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S.A. AGAINST PORTUGAL

Doc ref: 14926/89 • ECHR ID: 001-49412

Document date: November 16, 1994

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Cited paragraphs: 0
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S.A. AGAINST PORTUGAL

Doc ref: 14926/89 • ECHR ID: 001-49412

Document date: November 16, 1994

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 2 January 1989 by Mr S.A. against Portugal

(Application No. 14926/89);

Whereas on 11 March 1993 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 13 May 1992, the applicant complained of the

excessive length of certain civil proceedings and of an

infringement of his right to peaceful enjoyment of his possessions;

Whereas in its report adopted on 10 February 1993, the

Commission expressed, unanimously, the opinion that there had been

a violation of Article 6, paragraph 1 (art. 6-1), of the Convention

and that no separate issue arose under Article 1 of Protocol No. 1

(P1-1);

Whereas, at the 498th meeting of the Ministers' Deputies, held

on 21 September 1993, 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 11 March 1994;

Whereas, at the 512th meeting of the Deputies, held on

3 May 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, 500 000 escudos in respect of

non-pecuniary damage and 87 000 escudos in respect of costs and

expenses, namely a total sum of 587 000 escudos;

Whereas the Committee of Ministers invited the Government of

Portugal to inform it of the measures taken following its decisions

of 21 September 1993 and 3 May 1994, having regard to Portugal's

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

Convention to abide by them;

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

Committee's decisions, which information appears in the appendix to

this resolution;

Whereas the Committee of Ministers satisfied itself that on 14

October 1994 the Government of Portugal paid the applicant the

total sum of 587 000 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.

Appendix to Resolution DH (94) 82

Information provided by the Government of Portugal

during the examination of the S.A. case

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 comprised, inter alia, a redefinition of the

territorial jurisdiction of the courts; the specialisation of

certain courts; the establishment 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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