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CASE OF SILVA PONTES AGAINST PORTUGAL

Doc ref: 14940/89 • ECHR ID: 001-55600

Document date: October 19, 1994

Inbound citations: 1
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Cited paragraphs: 0
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Outbound citations: 0

CASE OF SILVA PONTES AGAINST PORTUGAL

Doc ref: 14940/89 • ECHR ID: 001-55600

Document date: October 19, 1994

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Silva Pontes case delivered on 23 March 1994 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application against

Portugal lodged with the European Commission of Human Rights on

16 January 1989 under Article 25 (art. 25) of the Convention by

Mr Virgílio da Silva Pontes, a Portuguese national, and that the

Commission declared admissible the complaint regarding the

excessive length of certain civil proceedings for damage and of the

subsequent enforcement proceedings;

Recalling that the case was brought before the Court by the

Commission on 19 February 1993 and by the Government of Portugal on

5 April 1993;

Whereas in its judgment of 23 March 1994 the Court:

- dismissed, unanimously, the Government's preliminary

objection;

- held, unanimously that Article 6, paragraph 1 (art. 6-1),

was applicable to this case;

- held, by eight votes to one, that there had been a violation

of Article 6, paragraph 1 (art. 6-1);

- held, by eight votes to one, that the respondent state was

to pay the applicant, within three months, 1 500 000 escudos for

damage and 200 000 escudos for costs and expenses;

- dismissed, unanimously, the remainder of the claim for just

satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of Portugal to inform it of the

measures which had been taken in consequence of the judgment of

23 March 1994, having regard to Portugal's obligation under

Article 53 (art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Portugal gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that on 18 May 1994 the Government of

Portugal paid the applicant the sums provided for in the judgment

of 23 March 1994,

Declares, after having taken note of the information supplied

by the Government of Portugal, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (94) 79

Information provided by the Government of Portugal

during the examination of the case of Silva Pontes

by the Committee of Ministers

Through 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), the Government of

Portugal has adopted an important reform in order to remedy the

overload of cases pending before the courts by reorganising the

court system and by speeding up the examination of the cases.

This reform has involved, inter alia, a redefinition of the

territorial jurisdiction of the courts; the specialisation of

certain courts; the institution in the districts of Lisbon and

Porto of courts with competence in civil and criminal matters; the

temporary creation of auxiliary courts in order to alleviate the

case-load of certain courts. Moreover, the total number of courts

and judges has been increased. Finally, the most important

districts, notably Lisbon, Porto, Coimbra, Almada, Funchal and

Loures, have been subject to important reforms.

The Government considers that these measures will be

sufficient to prevent the repetition of the kind of violation of

the Convention found in the present case.

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