RESOLUTION DH (97) 221

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 20 FEBRUARY 1996

IN THE CASE OF LOBO MACHADO AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 15 May 1997

at the 590th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”;

Having regard to the judgment of the European Court of Human Rights in the Lobo Machado case delivered on 20 February 1996 and transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application (No. 15764/89) against Portugal, lodged with the European Commission of Human Rights on 2 November 1989 under Article 25 of the Convention by Mr Pedro José Lobo Machado, a Portuguese national, and that the Commission declared admissible the complaints regarding the participation of the representative of the State Counsel’s Office in the proceedings before the Supreme Court and the applicant’s peaceful enjoyment of his possessions;

Recalling that the case was brought before the Court by the Commission on 7 July and on 5 September 1994 by the Government of Portugal ;

Whereas in its judgment of 20 February 1996 the Court unanimously :

– held that there has been a breach of Article 6, paragraph 1, of the Convention;

– held that it is unnecessary to consider the case under Article 1 of Protocol No. 1;

– held that this judgment constitutes in itself sufficient just satisfaction as to the alleged damage;

– rejected the remainder of the applicant’s claim for just satisfaction ;

– held that the respondent state was to pay, within three months, 1 500 000 Portuguese excudos less 21 724 French francs to be converted into Portuguese excudos at the rate of exchange applicable at the date of delivery of this judgement for costs and expenses , and that simple interest at an annual rate of 10% shall be payable on these sums from the expiry of the above-mentioned three months until settlement;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention;

Having invited the Government of Portugal to inform it of the measures which had been taken in consequence of the judgment of 20 February 1996, having regard to Portugal’s obligation under Article 53 of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the Government of Portugal gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;

Having satisfied itself that on 13 May 1996, within the time-limit set, the Government of Portugal paid the applicant the sum provided for in the judgment of 20 February 1996,

Declares, after having taken note of the information supplied by the Government of Portugal, that it has exercised its functions under Article 54 of the Convention in this case.