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MENDES CASCALHO AGAINST PORTUGAL

Doc ref: 16739/90 • ECHR ID: 001-49438

Document date: February 7, 1995

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MENDES CASCALHO AGAINST PORTUGAL

Doc ref: 16739/90 • ECHR ID: 001-49438

Document date: February 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

20 October 1989 by Mr Arduíno Matos Mendes Cascalho against

Portugal (Application No. 16739/90);

Whereas on 28 March 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 30 June 1993, the applicant complained of the

excessive length of certain criminal proceedings in which he had

exercised an "assistente" action;

Whereas in its report adopted on 2 March 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 517th meeting of the Ministers' Deputies, held

on 20 September 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 8 July 1994;

Whereas, at the same meeting of the Deputies, 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,

405 000 escudos in respect of non-pecuniary damage and

22 500 escudos in respect of costs and expenses, namely a total sum

of 427 500 escudos;

Whereas the Committee of Ministers invited the Government of

Portugal to inform it of the measures taken following its decisions

of 20 September 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) 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 19 January 1995 the Government of Portugal paid the applicant

the total sum of 427 500 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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