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 judgment of the European Court of Human
Rights in the Silva Pontes case delivered on 23 March 1994 and
transmitted the same day 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 January 1989 under Article 25 (art. 25) of the Convention by
Mr Virgílio da Silva Pontes, a Portuguese national, and that the
Commission declared admissible the complaint regarding the
excessive length of certain civil proceedings for damage and of the
subsequent enforcement proceedings;
Recalling that the case was brought before the Court by the
Commission on 19 February 1993 and by the Government of Portugal on
5 April 1993;
Whereas in its judgment of 23 March 1994 the Court:
- dismissed, unanimously, the Government's preliminary
objection;
- held, unanimously that Article 6, paragraph 1 (art. 6-1),
was applicable to this case;
- held, by eight votes to one, that there had been a violation
of Article 6, paragraph 1 (art. 6-1);
- held, by eight votes to one, that the respondent state was
to pay the applicant, within three months, 1 500 000 escudos for
damage and 200 000 escudos for costs and expenses;
- dismissed, unanimously, 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 judgment of
23 March 1994, having regard to Portugal's obligation under
Article 53 (art. 53) of the Convention to abide by it;
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
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that on 18 May 1994 the Government of
Portugal paid the applicant the sums provided for in the judgment
of 23 March 1994,
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 (94) 79
Information provided by the Government of Portugal
during the examination of the case of Silva Pontes
by the Committee of Ministers
Through the Act of 20 August 1992 (No. 24/92), as implemented
by the decree of 15 September 1993 (No. 312/93) and by the
legislative decree of 17 June 1994 (No. 222/94), the Government of
Portugal has adopted an important reform in order to remedy the
overload of cases pending before the courts by reorganising the
court system and by speeding up the examination of the cases.
This reform has involved, inter alia, a redefinition of the
territorial jurisdiction of the courts; the specialisation of
certain courts; the institution in the districts of Lisbon and
Porto of courts with competence in civil and criminal matters; the
temporary creation of auxiliary courts in order to alleviate the
case-load of certain courts. Moreover, the total number of courts
and judges has been increased. Finally, the most important
districts, notably Lisbon, Porto, Coimbra, Almada, Funchal and
Loures, have been subject to important reforms.
The Government considers that these measures will be
sufficient to prevent the repetition of the kind of violation of
the Convention found in the present case.
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