Search
document

Document text Analytics

GARCIA AGAINST PORTUGAL

Doc ref: 11499/85 • ECHR ID: 001-49305

Document date: February 13, 1991

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

GARCIA AGAINST PORTUGAL

Doc ref: 11499/85 • ECHR ID: 001-49305

Document date: February 13, 1991

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 l5 March l985 by Mrs Maria Constança Pulido Garcia against

Portugal (Application No. ll499/85);

Whereas on 22 January l99O 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 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 her application the applicant complained of the

excessive length of civil proceedings she had instituted before

the Beja first instance court;

Whereas the Commission declared the application admissible

on l6 March l989 and in its report adopted on 6 December l989

expressed unanimously the opinion that there had been a violation

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

Agreeing with the opinion expressed by the Commission in

accordance with Article 31, paragraph 1 (art. 31-1), of the

Convention;

Whereas, during the examination of the case, the Committee

of Ministers was informed by the Government of Portugal that the

legislative Decree No. 2l4/88 of l7 June l988 for the

implementation of the Act relating to the organisation of the

courts of 28 December l987 provides for the creation in Beja of

a new first instance court (Tribunal de Circolo). Consisting of

three judges appointed exclusively to work for this court, the

latter started functionning on l January l989;

Having examined the proposals made by the Commission

concerning just satisfaction for the applicant,

Decides, having voted in accordance with the provisions of

Article 32, paragraph 1 (art. 32-1), of the Convention, that

there has been a violation of Article 6, paragraph 1 (art. 6-1),

of the Convention in this case;

Takes note of the information provided by the Government of

Portugal;

Recommends, under Rule 5 of the Rules adopted by the

Committee of Ministers for the application of Article 32

(art. 32) of the Convention, that the Government of Portugal pay

to the applicant the sum of 500 000 escudos for non-material

damage;

Decides, therefore, that no further action is called for in

this case.

LEXI

Lexploria AI Legal Assistant