Resolution ResDH(2003)21
concerning the judgment of the European Court of Human Rights
of 27 September 2001 (final on 27 December 2001)
in the case of Nascimento against Portugal
(Adopted by the Committee of Ministers on 24 February 2003
at the 827th 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 Nascimento case delivered on 27 September 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. 42918/98) against Portugal, lodged with the European Commission of Human Rights on 18 August 1998 under former Article 25 of the Convention by Mr Agripino Evaristo do Nascimento, a Portuguese national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain civil proceedings;
Whereas in its judgment of 27 September 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 the applicant, within three months from the date at which the judgment became final, 50 000 French francs in respect of non-pecuniary damage; 10 000 French francs in respect of costs and expenses and that simple interest at an annual rate of 4,26% 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 27 September 2001, having regard to Portugal’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
Noting with satisfaction that, as regards the applicant’s individual situation, the proceedings, which were pending before the national courts when the European Court delivered the judgment, were brought to an end by the Court of “Circulo” of Chaves on 20 April 2000;
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;
Having satisfied itself that on 2 June 2002, after the expiry of the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 27 September 2001, as well as the default interest due,
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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