FINAL RESOLUTION DH (97) 11

HUMAN RIGHTS

APPLICATION No. 18915/91

MONTEIRO 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) 81, adopted in the case of Monteiro against Portugal (Application No. 18915/91) 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 December 1995 ;

Whereas, at the 559th meeting of the Ministers' Deputies, the Committee of Ministers held, by a decision adopted on 22 March 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, 900 000 escudos in respect of non-pecuniary damage and 100 000 escudos in respect of costs and expenses, namely a total sum of 1 000 000 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 9 February 1996 and 22 March 1996, having regard to Portugal's obligation under Article 32, paragraph 4, of the Convention to abide by them ;

Whereas the Government of Portugal informed the Committee of Ministers that the reform of the court system 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 Resolution DH (94) 71 in the case of Gama Cidrais against Portugal and Resolution DH (94) 76 in the case of Martins da Cunha against Portugal), would also apply to situations comparable to the one at issue in the present case ;

Whereas the Committee of Ministers satisfied itself that on 4 July 1996, the Government of Portugal paid the applicant the total sum of 1 000 000 escudos as just satisfaction and on 20 November 1996 the default interest due,

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.