FINAL RESOLUTION DH (97) 9

HUMAN RIGHTS

APPLICATION No. 22087/93

H.P. F.G. AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 28 January 1997

at the 582nd 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 (96) 380, adopted in the case of H.P. F.G. against Portugal (Application No. 22087/93) in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention and authorised publication of 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 8 March 1996 ;

Whereas, at the 571st meeting of the Ministers' Deputies, the Committee of Ministers held, by a decision adopted on 13 September 1996, 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, 700 000 escudos in respect of non-pecuniary damage 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 25 June 1996 and 13 September 1996, 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 gave the Committee information about the measures taken in consequence of the Committee's decisions, which information appears in the appendix to this resolution ;

Whereas the Committee of Ministers satisfied itself that on 18 November 1996, within the time-limit set, the Government of Portugal paid the applicant the total sum of 700 000 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.

Appendix to Final Resolution DH (97) 9

Information provided by the Government of Portugal

during the examination of the case of H.P. F.G.

by the Committee of Ministers

The Government of Portugal ensured the distribution of the Commission's report to the authorities concerned in order to prevent the repetition of the violation found in the present case.

Accordingly, the government is of the opinion that it has fulfilled its obligations under Article 32 of the Convention.