Resolution ResDH(2003)136
concerning the judgment of the European Court of Human Rights
of 6 December 2001 (final on 6 March 2002)
in the case of Martins Serra and Andrade Câncio 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 Martins Serra and Andrade Câncio case delivered on 6 December 2001 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. 43999/98) against Portugal, lodged with the European Commission of Human Rights on 29 September 1998 under former Article 25 of the Convention by Mr Eusébio Martins Serra and Mr Rogério Andrade Câncio, Portuguese nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint related to the excessive length of certain civil proceedings;
Whereas in its judgment of 6 December 2001 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 to each applicant, within three months from the date at which the judgment became final, 1 300 000 Portuguese escudo in respect of non-pecuniary damage and, jointly, 300 000 Portuguese escudos, together with any value-added tax may be chargeable, in respect of costs and expenses and that simple interest at an annual rate of 7% would be payable on these sums from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicants’ 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 6 December 2001, having regard to Portugal’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
Having satisfied itself that on 20 November 2002, after the expiry of the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgment of 6 December 2001, 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.
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