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L.L. AGAINST PORTUGAL

Doc ref: 18347/91 • ECHR ID: 001-51686

Document date: March 22, 1996

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  • Cited paragraphs: 0
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L.L. AGAINST PORTUGAL

Doc ref: 18347/91 • ECHR ID: 001-51686

Document date: March 22, 1996

Cited paragraphs only



The Committee of Ministers, under the terms of Article 32 (art. 32) of the

Convention for the Protection of Human Rights and Fundamental Freedoms

(hereinafter referred to as "the Convention"),

Having regard to the report drawn up by the European Commission of Human

Rights in accordance with Article 31

(art. 31) of the Convention relating to the application lodged

on 18 April 1991 by Mr L. L. against Portugal

(Application No. 18347/91);

Whereas on 11 January 1995 the Commission transmitted the said report to

the Committee of Ministers and whereas the period of three months provided for

in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without

the case having been brought before the European Court of Human Rights in

pursuance of Article 48 (art. 48) of the Convention;

Whereas in his application, as declared admissible by the Commission on 6

April 1994, the applicant complained of the excessive length of certain criminal

proceedings combined with an assistente action;

Whereas in its report adopted on 30 November 1994, the Commission

expressed, unanimously, the opinion that there had been a violation of Article

6, paragraph 1 (art. 6-1), of the Convention;

Whereas, at the 539th meeting of the Ministers' Deputies held on 7 June

1995 the Committee of Ministers, agreeing with the opinion expressed by the

Commission, held, having voted in accordance with the provisions of Article 32,

paragraph 1

(art. 32-1), of the Convention, that there had been in this case a violation of

Article 6, paragraph 1 (art. 6-1), of the Convention;

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 3 March 1995;

Whereas, at the 542nd meeting of the Deputies held on

7 September 1995, the Committee of Ministers decided, in accordance with Article

32, paragraph 2 (art. 32-2), of the Convention, that the Government of Portugal

was to pay the applicant as just satisfaction, within three months, 450 000

escudos in respect of non-pecuniary damage and 36 284 escudos in respect of

costs and expenses, namely a total sum of 486 284 escudos;

Whereas the Committee of Ministers invited the Government of Portugal to

inform it of the measures taken following its decisions of 7 June 1995 and 7

September 1995, having regard to Portugal's obligation under Article 32,

paragraph 4 (art. 32-4), of the Convention to abide by them;

Whereas the Government of Portugal informed the Committee of Ministers

that the reform of the court system 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, in the case of S.A. I), would also apply to

situations comparable to the one at issue in the present case;

Whereas the Committee of Ministers satisfied itself that

on 1 February 1996 the Government of Portugal paid the total sum

of 486 284 escudos, as just satisfaction, into a special account

on 1 February 1996, as the applicant did not want to accept this sum,

Declares, having taken note of the measures taken by the Government of

Portugal, that it has exercised its functions under Article 32 (art. 32) of the

Convention in this case;

Authorises the publication of the report adopted by the Commission in this

case.

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