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OLIVEIRA REIS AGAINST PORTUGAL

Doc ref: 16776/90 • ECHR ID: 001-49449

Document date: February 7, 1995

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OLIVEIRA REIS AGAINST PORTUGAL

Doc ref: 16776/90 • ECHR ID: 001-49449

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

30 March 1990 by Mr Pedro Manuel Oliveira Reis against Portugal

(Application No. 16776/90);

Whereas on 24 February 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 31 March 1993, the applicant complained of the

excessive length of certain administrative proceedings;

Whereas in its report adopted on 11 January 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 20 May 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,

900 000 escudos in respect of non-pecuniary damage and

165 000 escudos in respect of costs and expenses, namely a total

sum of 1 065 000 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 Committee of Ministers satisfied itself that

on 19 January 1995 the Government of Portugal paid the applicant

the total sum of 1 065 000 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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