Final resolution DH (99) 116

HUMAN RIGHTS

APPLICATION No. 27673/94

FERNANDES MARTINS AND MARTINS COMPLETO

AGAINTS PORTUGAL

(Adopted by the Committee of Ministers on 19 February 1999 at the 659th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (97) 556, adopted on 29 October 1997 in the case of Fernandes Martins and Martins Completo against Portugal, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by a letter of the President of the Commission dated 23 September 1997;

Whereas, at the 654th meeting of the Ministers' Deputies, the Committee of Ministers, agre e ing with the Commission's proposals, held by a decision adopted on 25 January 1999, in accordance with Article 32, paragraph 2, of the Convention, that no sum was to be paid to the applicants as just satisfaction, since they had submitted no claim in this respect ;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decision of 29 October 1997, having regard to Portugal’s obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas, during the examination of the case by the Committee of Ministers, the Government of the respondent State accordingly recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, notably through the adoption of an important reform of the Portuguese judicial system in order to speed up the examination of the cases (see Resolution DH (95) 197 in the Dias das Almas case), and indicated that the Commission's report as well as the Committee of Ministers' decision had been sent out to the authorities directly concerned,

Declares, after having taken note of the measures taken by the Government of Portugal, that it has exercised its fun c tions under Article 32 of the Convention in this case.