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EUGÉNIO DA CONCEIÇÃO AGAINST PORTUGAL

Doc ref: 18158/91 • ECHR ID: 001-49522

Document date: September 11, 1995

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EUGÉNIO DA CONCEIÇÃO AGAINST PORTUGAL

Doc ref: 18158/91 • ECHR ID: 001-49522

Document date: September 11, 1995

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

26 February 1991 by Mr Alberto Eugénio da Conceiçao against

Portugal (Application No. 18158/91);

Whereas on 18 November 1994 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 2 March 1994, the applicant complained of the

excessive length of certain civil proceedings;

Whereas in its report adopted on 12 October 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 534th meeting of the Ministers' Deputies held

on 7 April 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

20 January 1995;

Whereas, at the 536th meeting of the Deputies held on

4 May 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, 540 000 escudos in respect of

non-pecuniary damage and 200 000 escudos in respect of costs and

expenses, namely a total sum of 740 000 escudos;

Whereas the Committee of Ministers invited the Government of

Portugal to inform it of the measures taken following its decisions

of 7 April and 4 May 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), would also apply to situations comparable

to the one at issue in the present case;

Whereas the Committee of Ministers satisfied itself that

on 12 July 1995 the Government of Portugal paid the applicant the

total sum of 740 000 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;

Authorises the publication of the report adopted by the

Commission in this case.

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