Resolution ResDH(2002)28
concerning the judgment of the European Court of Human Rights
of 12 April 2001
in the case of Silva Brás against Portugal
(Adopted by the Committee of Ministers on 6 March 2002
at the 783rd 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 final judgment of the European Court of Human Rights in the Silva Brás case delivered on 12 April 2001 and transmitted to the Committee of Ministers the same day under Article 46 of the Convention;
Recalling that the case originated in an application (No. 41128/98) against Portugal, lodged with the European Commission of Human Rights on 29 April 1998 under former Article 25 of the Convention by Mrs Maria Margarida da Silva Brás, a Portuguese national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain civil proceedings;
Whereas in its judgment of 12 April 2001 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 to the applicant, upon notification of the judgment, 1 000 000 Portuguese escudos in respect of non-pecuniary damage and 250 000 Portuguese escudos in respect of costs and expenses;
Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case 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 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 16 July 2001, the government of the respondent state had paid the applicant the sums provided for in the friendly settlement and that no other measures was required in the present case to conform to the Court’s judgment,
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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