Final resolution DH ( ) 302

HUMAN RIGHTS

APPLICATION No. 24216/94

SOBREIRA CALHAÇO AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 25 September 1998 at the 640th 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) 115, adopted on 28 January 1997 in the case of Sobreira Calhaço 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 applicant, proposals supplemented by a letter of the President of the Commission dated 13 November 1996 ;

Whereas, at the 626th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission's proposals, held by a decision adopted on 22 April 1998, in accordance with Article 32, paragraph 2, of the Convention, that the government of the respondent State was to pay the applicant as just satisfaction, within three months, 900 000 Portuguese escudos in respect of non-pecuniary damage and 200 000 Portuguese escudos in respect of costs and expenses, namely a total sum of 1 100 000 Portuguese escudos and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the government of the respondent State to inform it of the measures taken following its decisions of 28 January 1997 and 22 April 1998, 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 prevent the repetition of the violation 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 Dias das Almas case), and indicated that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on the 17 July 1998, within the time-limit set, the government of the respondent State had paid the applicant the total sum of 1 100 000 Portuguese escudos as just satisfaction,

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.