Resolution ResDH(2003)134
concerning the judgment of the European Court of Human Rights
of 16 May 2002 (final on 16 August 2002)
in the case of Câmara Pestana against Portugal
(Adopted by the Committee of Ministers on 22 July 2003
at the 847th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the case of Câmara Pestana delivered on 16 May 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;
Recalling that the case originated in an application (No. 47460/99) against Portugal, lodged with the European Court of Human Rights on 1 March 1999 under Article 34 of the Convention by M. Vasco Novais Câmara Pestana, a Portuguese national, and that the Court declared admissible the complaint related to the excessive length of certain proceedings concerning civil rights and obligations before the administrative Courts;
Whereas in its judgment of 16 May 2002 the Court, unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 5 500 euros in respect of non-pecuniary damage and 750 euros in respect of costs and expenses and that simple interest at an annual rate of 7% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicant’s claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 16 May 2002, having regard to Portugal’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
Having satisfied itself that on 16 January 2003, after the expiry of the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 16 May 2002, and that the default interest due was paid on the same day,
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Court’s judgment had been sent out to the authorities directly concerned and that the question of the length of judicial proceedings was being examined in order to verify that such proceedings can be concluded within a reasonable time;
Declares, after having taken note of the information supplied by the Government of Portugal, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
Full & Egal Universal Law Academy