FINAL RESOLUTION DH (97) 560

HUMAN RIGHTS APPLICATION No. 24913/94 FERREIRA DE JESUS AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 29 October 1997 at the 605th 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 the Interim Resolution DH (97) 114, adopted on 28 January 1997 in the case of Ferreira de Jesus against Portugal (Application No. 24913/94) 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 20 March 1997;

Whereas, at the 605th meeting of the Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 29 October 1997, in accordance with Article 32, paragraph 2, of the Convention, that no sum of money was to be paid to the applicant as just satisfaction;

Whereas the Committee of Ministers invited the Government of Portugal to inform it of the measures taken following its decisions of 28 January 1997 and 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 Portugal accordingly recalled that measures had already been taken to prevent the repetition of the violation found in this case, through the reform of the court system organisation introduced by the Act of 20 August 1992 (No. 24/92), implemented by the Decree of 15 September 1993 (No. 312/93) as well as the legislative Decree of 17 June 1994 (No. 222/94) [see Resolution DH (95) 197), Dias De Almas] and that the Commission's report as well as the Committee of Ministers' decisions had been sent out to the authorities directly concerned,

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