Resolution CM/ResDH(2016)99
Execution of the judgments of the European Court of Human Rights
29 cases against Portugal
(See Appendix for the list of cases)
(Adopted by the Committee of Ministers on 4 May 2016 at the 1255 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, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violation established which concerns the lack of effectiveness of a compensatory remedy available to victims of excessively lengthy proceedings (violations of Article 6, paragraph 1, and of of Article 13);
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2016)397);
Recalling also that the Committee continues to examine the issue of the excessive length of judicial proceedings within the framework of the Oliveira Modesto and others group;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
Appendix List of the cases
Application
Case
Judgment of
Final on
33729/06
MARTINS CASTRO AND ALVES CORREIA DE CASTRO
10/06/2008
10/09/2008
12750/07
ANTUNES
02/03/2010
02/06/2010
13912/08+
FERREIRA ALVES No. 8
04/10/2011
04/10/2011
20493/10
PEREIRA
20/10/2011
20/10/2011
24760/10
ANTUNES
20/10/2011
20/10/2011
25861/11
FERREIRA ALVES
18/02/2014
18/02/2014
28381/12
TRIGO SARAIVA
28/01/2014
28/01/2014
28776/08
SOUSA LELLO AND FERNANDEZ BORGES
26/07/2011
26/07/2011
33661/06
ANTICOR-SOCIEDADE DE ANTI-CORROSÃO, LDA
23/02/2010
23/05/2010
34939/12
ALVES
28/01/2014
28/01/2014
42925/09
SOARES
12/07/2011
12/07/2011
44097/13
RIBEIRO MOURA
12/11/2015
12/11/2015
44199/12
PINA E MOURA
02/10/2014
02/10/2014
46273/09
FERREIRA DA SILVA E BRITO AND OTHERS
22/05/2012
22/05/2012
46436/06+
FERREIRA ALVES No. 6
13/04/2010
13/07/2010
46595/06
PEREIRA
16/02/2010
16/05/2010
48768/11
RATINHO
28/01/2014
28/01/2014
51251/09
LEITE DE OLIVEIRA
26/07/2011
26/07/2011
52692/10
SILVA GONÇALVES AND NEVES DIAS
04/12/2012
04/12/2012
54312/10
FERREIRA ALVES No. 9
02/04/2013
02/04/2013
55113/08
FERREIRA ALVES No. 7
20/09/2011
20/09/2011
55544/08
SOCIEDADE DE CONSTRUÇÕES MARTINS & VIEIRA, LDA AND OTHERS No. 2
18/01/2011
18/01/2011
57004/08
SOCIEDADE DE CONSTRUÇÕES MARTINS & VIEIRA, LDA AND OTHERS No. 3
18/01/2011
18/01/2011
57290/08
DOMINGUES LOUREIRO AND OTHERS
12/04/2011
12/07/2011
58103/08+
SOCIEDADE DE CONSTRUÇÕES MARTINS & VIEIRA, LDA AND OTHERS
31/05/2012
31/05/2012
68415/10
GOMES DARA
04/12/2012
04/12/2012
70935/11
MONTEIRO AIRES
04/02/2014
04/02/2014
72506/10
SILVA LOPES MOTA
04/12/2012
04/12/2012
9273/07
GARCIA FRANCO AND OTHERS
22/06/2010
22/09/2010
Full & Egal Universal Law Academy