Resolution ResDH(2006)66
concerning the judgment of the European Court of Human Rights
of the 7 June 2005 (Friendly settlement)
in the case of Real Alves against Portugal
(Adopted by the Committee of Ministers on 2 November 2006,
at the 976th 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 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Real Alves case delivered on 7June 2005 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. 19485/02 against Portugal, lodged with the European Court of Human Rights on 8 May 2002 under Article 34 of the Convention by Ms Patricia Raquel Real Alves, a Portuguese national, and that the Court declared admissible the complaint concerning the length of certain criminal proceedings in which the applicant participated as an assistente;
Whereas in its judgment of 7 June 2005, 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 sum of 5 500 euros, i.e. 4 500 euros in respect of non-pecuniary damage and 1 000 euros in respect of costs and expenses, within three months as from the notification 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 would 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 which has been declared admissible 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, friendly settlement 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 9 September 2005, two days after the expiry of the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicant the sums provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court's judgment,
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 examined 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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