The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the judgments of the European Court of
Human Rights in the Moreira de Azevedo case delivered on
23 October 1990 and 28 August 1991 and transmitted the same
days to the Committee of Ministers;
Recalling that the case originated in an application against
Portugal lodged with the European Commission of Human Rights on
16 November 1984 under Article 25 (art. 25) of the Convention by
Mr Manuel Moreira de Azevedo, a Portuguese national, who
complained of the length of criminal proceedings instituted by
the Public Prosecutor against a person who had assaulted him;
Recalling that the case was brought before the Court by the
Commission on 12 October 1989;
Whereas in its judgment of 23 October 1990 the Court unanimously:
- dismissed the Government's preliminary objection;
- held that Article 6, paragraph 1 (art. 6-1), of the
Convention applied to the present case and that it had
been violated;
- held that the question of the application of
Article 50 (art. 50) was not ready for decision;
Whereas in its judgment of 28 August 1991 the Court unanimously:
- held that Portugal was to pay to the applicant within
the next three months, 4 million escudos in respect of
damages and 946 800 escudos for costs and expenses
less 20 153,90 French francs;
- dismissed the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the
Convention;
Having invited the Government of Portugal to inform it of the
measures which had been taken in consequence of the judgments of
23 October 1990 and 28 August 1991, having regard to its
obligation under Article 53 (art. 53) of the Convention to abide
by them;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of Portugal gave the Committee
information about the measures taken in consequence of the
judgments, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of Portugal has paid
the applicant the sums provided for in the judgment of
28 August 1991,
Declares, after having taken note of the information supplied by
the Government of Portugal, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH(92)10
Information provided by the Government of Portugal
during the examination of the Moreira de Azevedo case
by the Committee of Ministers
Sections 108 and 109 of the new Code of criminal procedure that
came into force on 1 January 1988 instituted an autonomous remedy
to expedite the procedure.
Under Section 108, when the time-limits set by the law for the
duration of each phase of the proceedings have expired, the
Public Prosecutor, the accused, the assistente or the parties
claiming damages may request expedition. The decision on this
request is to be taken either by the Republic's General
Prosecutor, if the case is under the direction of the Public
Prosecutor or by the Superior Council of the Judiciary if the
case was brought before a Court or a judge. The judges that
participated in any way whatsoever in the case cannot intervene
in the deliberations.
Section 109 of the new Code of criminal procedure determines the
procedure to be followed when dealing with a request for
expedition. In particular, paragraph 5 of Section 109 states the
decision taken may be either to declare the request inadmissible
as being ill-founded or because the delays found were justified;
or to request further information, which must be provided within
a maximum of five days, or to request that an enquiry be
conducted, within a period that cannot exceed fifteen days; or
to suggest or determine the disciplinary sanctions, management,
organisational or rationalisation measures called for by the
situation. According to paragraph 6 of Section 109 the decision
is immediately communicated to the Court or the entity in charge
of the case as well as to the authorities who have disciplinary
jurisdiction over the persons responsible for the delays found.
Furthermore, a Ministerial Instrument (Portaria) no. 848/83 dated
23 August 1983 has appointed a third judge to the district of
Vila Nova de Famalicao. A new first instance court (Tribunal de
Circolo), including the Vila Nova de Famalicao district, was set
up in Santo Tirso and started functioning on 21 August 1990.
Lastly, the administration staff of the Famalicao District was
raised from thirty-eight to forty-two civil servants by
Ministerial Instrument (Portaria) No. 537/88 of 10 August 1988.
The sums awarded by the Court to the applicant were paid
on 15 October 1991.
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