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DE MELLO AGAINST PORTUGAL

Doc ref: 13388/87 • ECHR ID: 001-49375

Document date: March 21, 1994

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DE MELLO AGAINST PORTUGAL

Doc ref: 13388/87 • ECHR ID: 001-49375

Document date: March 21, 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 15 June 1987 by Mr Fernando Ribeiro B. de Mello against

Portugal (Application No. 13388/87);

Whereas on 12 February 1992 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 the Committee of Ministers was informed that the

applicant had died on 27 February 1992 and that his heirs wished

to continue the proceedings;

Whereas in his application the applicant had complained of

the excessive length of certain civil proceedings before the

administrative courts;

Whereas the Commission declared the application admissible

on 9 November 1990 and in its report adopted on 13 January 1992

expressed unanimously the opinion that there had been a violation

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

Whereas, at the 479th meeting of the Ministers' Deputies

held on 17 September 1992, 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

16 October 1992;

Whereas on 15 December 1992 the Committee of Ministers held,

in accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of Portugal was to pay the

applicants, within three months, the sum of 450 000 Portuguese

escudos in respect of just satisfaction;

Whereas the Committee of Ministers invited the Government

of Portugal to inform it of the measures taken following its

decisions of 17 September 1992 and 15 December 1992, 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

10 December 1993 the Government of Portugal paid the applicants

the sum of 450 000 escudos in respect of 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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