Resolution ResDH(2005)9
concerning the judgment of the European Court of Human Rights
of 29 January 2004 (Friendly settlement)
in the case of Gonçalves Ferrão Caboz Santana against Portugal
(Adopted by the Committee of Ministers on 23 February 2005
at the 914th 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 final judgment of the European Court of Human Rights in the Gonçalves Ferrão Caboz Santana case delivered on 29 January 2004 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 55165/00) against Portugal, lodged with the European Court of Human Rights on 20 December 1999 under Article 34 of the Convention by Mr Pedro Alexandre Gonçalves Ferrão Caboz Santana, a Portuguese national, and that the Court declared admissible the complaint related to the excessive length of certain civil proceedings;
Whereas in its judgment of 29 January 2004 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Portugal would pay the applicant, the sums of 6 000 euros in respect of non-pecuniary damage and 1 500 euros in respect of costs and expenses, within three months as from the delivery of the judgment, and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 13 May 2004, after the expiry of the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sums provided for in the friendly settlement and that the default interest due was paid on the same day;
Recalling that, as regards the applicant's complaint declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court, finding a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of proceedings before the Portuguese civil courts;
Whereas, in this connection, the Portuguese authorities informed the Committee of Ministers that they were drafting and adopting new general measures in order to put an end to the serious problem of excessive length of proceedings, so as to prevent new violations similar to those already found;
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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