Resolution ResDH(2001)159
concerning the judgment of the European Court of Human Rights
of 29 February 2000 (final on 29 May 2000)
in the case of Fernandes Magro against Portugal
(Adopted by the Committee of Ministers on 17 December 2001
at the 775th 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 Fernandes Magro case delivered on 29 February 2000 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. 36997/97) against Portugal, lodged with the European Commission of Human Rights on 6 June 1997 under former Article 25 of the Convention by Mr João Fernandes Magro, a Portuguese national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint that the length of certain civil proceedings before the administrative courts was excessive;
Whereas in its judgment of 29 February 2000 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, 900 000 Portuguese escudos in respect of non-pecuniary damage; 250 000 Portuguese escudos 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 29 February 2000, having regard to Portugal’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, notably through the reorganisation of the Portuguese court system 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) 71 in the case of Gama Cidrais against Portugal and
Resolution DH (94) 76 in the case of Martins da Cunha against Portugal), and indicated that the Court’s judgment had been sent out to the authorities directly concerned;
Having satisfied itself that on 17 May 2000, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 29 February 2000,
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.
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