J.M.A. AGAINST PORTUGAL
Doc ref: 18335/91 • ECHR ID: 001-51687
Document date: March 22, 1996
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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 Interim Resolution DH (95) 244, adopted in the case
of J.M. A. against Portugal (Application No. 18335/91) in which the Committee of
Ministers decided that there had been in this case a violation of Article 6,
paragraph 1 (art. 6-1), of the Convention and to make public 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 7 July 1995;
Whereas, at the 549th meeting of the Deputies held on
20 November 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, 810 000
escudos in respect of non-pecuniary damage and 100 000 escudos in respect of
costs and expenses, namely a total sum of 910 000 escudos;
Whereas the Committee of Ministers invited the Government of Portugal to
inform it of the measures taken following its decisions of 13 October 1995 and
20 November 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) 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
29 January 1996, within the time-limit set, the Government of Portugal paid the
applicant the total sum of 910 000 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 (art. 32) of the
Convention in this case.
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