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 November 1991 by Mr José Barros e Sá Gomes against Portugal (Application No.
19470/92);
Whereas on 16 February 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, declared admissible by the Commission on 6
April 1994, the applicant complained of the excessive length of certain criminal
proceedings combined with an assistente action;
Whereas in its report adopted on 11 January 1995 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 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 26 May 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, 495 000
escudos in respect of non-pecuniary damage and 200 000 escudos in respect of
costs and expenses, namely a total sum of 695 000 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 695 000 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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