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 7 July 1992 by Mr Francisco Araújo Simões against Portugal
(Application No. 20466/92);
Whereas on 29 March 1995 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 11
May 1994, the applicant complained of the excessive length of certain civil
proceedings for damages;
Whereas in its report adopted on 22 February 1995 the Commission
expressed, unanimously, the opinion that there had been a violation of Article
6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 542nd meeting of the Ministers' Deputies held on 7
September 1995, 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 7 July 1995;
Whereas, at the 549th meeting of the Deputies held on 20 November 1995,
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, 950 000 escudos in respect
of non-pecuniary damage and 200 000 escudos in respect of costs and expenses,
namely a total sum of 1 150 000 escudos;
Whereas the Committee of Ministers invited the Government of Portugal to
inform it of the measures taken following its decisions of 7 September 1995 and
20 November 1995, having regard to Portugal's obligation under Article 32,
paragraph 4 (art. 32-4), of the Convention to abide by them;
Whereas the Government of Portugal informed the Committee of Ministers
that the reform of the court system organisation introduced by 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) (see, inter
alia, Resolution DH (94) 82, in the case of S.A. I), would also apply to
situations comparable to the one at issue in the present case;
Whereas the Committee of Ministers satisfied itself that on
22 January 1996, within the time-limit set, the Government of Portugal paid the
applicant the total sum of 1 150 000 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.
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