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SANTOS CARDIGA AGAINST PORTUGAL

Doc ref: 16808/90 • ECHR ID: 001-49536

Document date: May 4, 1995

Inbound citations: 0
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Cited paragraphs: 0
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SANTOS CARDIGA AGAINST PORTUGAL

Doc ref: 16808/90 • ECHR ID: 001-49536

Document date: May 4, 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

12 June 1990 by Mrs Carla Maria dos Santos Cardiga against Portugal

(Application No. 16808/90);

Whereas on 1 July 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 her application, declared admissible by the

Commission on 11 January 1994, the applicant complained of the

excessive length of certain "civil" proceedings (the applicant

having acquired the status of assistente in certain criminal

proceedings);

Whereas in its report adopted on 11 May 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 519th meeting of the Ministers' Deputies, held

on 19 October 1994, 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

9 December 1994;

Whereas, at the 524th meeting of the Deputies, held on

10 January 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, 800 000 escudos in respect of

non-pecuniary damage;

Whereas the Committee of Ministers invited the Government of

Portugal to inform it of the measures taken following its decisions

of 19 October 1994 and 10 January 1995, having regard to Portugal's

obligation under Article 32, paragraph 4 (art. 32-4), of the

Convention to abide by them;

Whereas the Committee of Ministers satisfied itself that on

27 February 1995 the Government of Portugal paid the applicant the

total sum of 800 000 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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