FINAL RESOLUTION DH (97) 10

HUMAN RIGHTS

GERALDES BARBA 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 the Interim Resolution DH (95) 447, adopted in the case of Geraldes Barba against Portugal (Application No. 19995/92) 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 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 the just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 27 October 1995;

Whereas, at the 556th meeting of the Ministers' Deputies, the Committee of Ministers held, by a decision adopted on 9 February 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, 600 000 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 15 December 1995 and 9 February 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 29 May 1996, the Government of Portugal paid the applicant the total sum of 600 000 escudos as just satisfaction and that on 20 November 1996 the Government of Portugal paid the applicant 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.

Appendix to Final Resolution DH (97) 10

Information provided by the Government of Portugal

during the examination of the case of Geraldes Barba

by the Committee of Ministers

The report of the Commission has been distributed to the relevant authorities in order to prevent the repetition of the kind of violation found in the present case

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