Search
document

Document text Analytics

LOPO DE CARVALHO AGAINST PORTUGAL

Doc ref: 17857/91 • ECHR ID: 001-49528

Document date: April 7, 1995

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

LOPO DE CARVALHO AGAINST PORTUGAL

Doc ref: 17857/91 • ECHR ID: 001-49528

Document date: April 7, 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

29 January 1991 by Mr Francisco Lopo de Carvalho against Portugal

(Application No. 17857/91);

Whereas on 13 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 his application, declared admissible by the

Commission on 11 January 1994, the applicant complained of the

excessive length of 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 520th meeting of the Ministers' Deputies held

on 16 November 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

21 October 1994;

Whereas, at the 522nd meeting of the Deputies held on

5 December 1994, 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 and 200 000 escudos in respect of costs and

expenses, namely a total sum of 1 000 000 escudos;

Whereas the Committee of Ministers invited the Government of

Portugal to inform it of the measures taken following its decisions

of 16 November and 5 December 1994, 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

20 March 1995 the Government of Portugal paid the applicant the

total sum of 1 000 000 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.

LEXI

Lexploria AI Legal Assistant