FINAL RESOLUTION DH (97) 403

HUMAN RIGHTS

APPLICATION No. 24099/94

EUGÉNIO DA CONCEIÇÃO ALBERTO II AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 17 September 1997

at the 599th 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) 112, adopted in the case of Eugénio da Conceição Alberto II against Portugal (Application No. 24099/94) 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 7 December 1997;

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, the sum of 1 200 000 Portuguese escudos for non-material damage and the sum of 200 000 Portuguese escudos for costs and expenses, ie. the total sum of 1 400 000 Portuguese escudos and that interest should be payable on any unpaid sum 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 recalled that measures had already been taken to prevent the repetition of the violation found in this case, notably through the reform of the court system organisation introduced by the Act of 20 August 1992 (No. 24/92), as implemented by the Decree of 15 September 1993 (No. 312/93) and by the Legislative Decree of 17 June 1994 (No. 222/94) (see, inter alia, Resolution DH (94) 82), which also applies to situations comparable to the one at issue in the present case, and 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 22 May 1997, within the time-limit set, the Government of Portugal paid the applicant the total sum of 1 400 000 Portuguese escudos as just satisfaction,

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.