Resolution CM/ResDH(2016)226
Execution of the judgments of the European Court of Human Rights
Five cases against Portugal
Application No.
Case
Judgment of
Final on
52246/12
SANTOS SILVA
30/04/2015
30/04/2015
5340/11
FERREIRA ALVES
02/04/2013
02/04/2013
56637/10+
SOCIEDADE DE CONSTRUÇÕES MARTINS & VIEIRA, LDA AND OTHERS
30/10/2014
30/01/2015
73798/13
VALADA MATOS DAS NEVES
29/10/2015
29/01/2016
78165/12
FERREIRA ALVES
30/04/2015
30/04/2015
(Adopted by the Committee of Ministers on 14 September 2016
at the 1264th 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 violations established which concern the excessive length of proceedings and the lack of effectiveness of a compensatory remedy available to victims of excessively lengthy proceedings (violations of Articles 6 and 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;
Noting that the just satisfaction granted by the Court in these cases has been paid;
Recalling that the Committee of Ministers put an end to its supervision of the question of the effective domestic remedy by Final Resolution CM/ResDH(2016)98, adopted on 4 May 2016 within the framework of the group of cases Martins Castro and Alves Correia de Castro;
Recalling also that the Committee continues to examine the issue of the excessive length of judicial proceedings within the framework of the Oliveira Modesto 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.
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