DIAS MARQUES AGAINST PORTUGAL
Doc ref: 20744/92 • ECHR ID: 001-51685
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) 243, adopted in the case
of Dias Marques against Portugal (Application
No. 20744/92) 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
15 September 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, 720 000
escudos in respect of non-pecuniary damage and 200 000 escudos in respect of
costs and expenses, namely a total sum of 920 000 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) 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
22 January 1996, within the time-limit set, the Government of Portugal paid the
applicant the total sum of 920 000 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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