FINAL RESOLUTION DH (97) 497

HUMAN RIGHTS APPLICATION No. 24217/94 ROCHA DE GOUVEIA I 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) 113, adopted on 28 January 1997 in the case of Rocha de Gouveia I against Portugal (Application No. 24217/94) 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 19 December 1996;

Whereas, at the 585th meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held, by decision adopted on 19 March 1997, in accordance with Article 32, paragraph 2, of the Convention, that the Government of Portugal was to pay the applicant as just satisfaction, within three months, 1 500 000 Portuguese escudos in respect of non-pecuniary and material damage and 200 000 Portuguese escudos in respect of costs and expenses, namely a total sum of 1 700 000 escudos and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay (in accordance with the decision adopted by the Committee of Ministers at its 599th meeting (17 September 1997) on the general principles regarding the payment of default interest) 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 Portugal to inform it of the measures taken following its decisions of 28 January 1997 and 19 March 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 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 26 June 1997, the Government of Portugal paid the applicant the total sum of 1 700 000 Portuguese escudos as just satisfaction, within one month of the time-limit set and that, thus no default interest was due in accordance with the above-mentioned decision of the Committee of Ministers concerning the modalities of default interest payment,

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.