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MARTINS MOREIRA CASE

Doc ref: 11371/85 • ECHR ID: 001-55472

Document date: September 19, 1989

Inbound citations: 0
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Cited paragraphs: 0
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Outbound citations: 4

MARTINS MOREIRA CASE

Doc ref: 11371/85 • ECHR ID: 001-55472

Document date: September 19, 1989

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 Martins Moreira case, delivered on 26 October 1988 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 24 July 1984

under Article 25 (art. 25) of the Convention by Mr José Martins Moreira,

a Portuguese national, who complained that the length of civil

proceedings brought by him following a road accident was not

"reasonable" within the meaning of Article 6, paragraph 1 (art. 6-1),

of the Convention;

Recalling that the case was brought before the Court by the Commission

on 18 December 1987 and by the Government of Portugal on

29 January 1988;

Whereas in its judgment of 26 October 1988 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1

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

- held that the respondent State was to pay to the applicant

two million escudos in respect of damage and 435 000 escudos in

respect of costs and expenses, less 5 180 French francs to be

converted into escudos at the rate applicable on the day of the

delivery of the judgment;

- dismissed 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, having regard to

its 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 the

information set out in the Appendix to this Resolution;

Having satisfied itself that the Government of Portugal has paid to

the applicant the sums provided for in the judgment,

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 (89) 22

Information provided by the Government of Portugal during the

examination of the Martins Moreira case before the Committee of

Ministers

The sums provided for in the Court's judgment of 26 October 1988 were

paid to the applicant on 29 December 1988.

The Government of Portugal would also draw attention to the steps

taken in recent years to expedite civil proceedings.

Under Legislative Decree No. 214/88 of 17 July 1988 and Ministerial

Order No. 537/88 of 10 August 1988, the local courts involved in the

Martins Moreira case - namely the Evora Court of First Instance and

the Evora Court of Appeal - have been reinforced in terms of both

judges and administrative staff. Similarly, the number of judges in

the Supreme Court has been significantly increased.

The forensic medicine institutes have also been the subject of reform

with a view to making them suitable aids to the effective

administration of justice. Following Legislative Decree No. 169/83 of

30 April 1983 and Ministerial Order No. 316/87 of 16 April 1987, the

institutes have been equipped with the requisite personnel and

resources. Further, as a result of Legislative Decree No. 387-C/87 of

29 December 1987, organisational reforms have been introduced designed

to enable a prompt response to be given to requests for the

institutes' services.

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