Resolution ResDH(2002)94
concerning the judgment of the European Court of Human Rights
of 25 October 2001
in the case of Themudo Barata II against Portugal
(Adopted by the Committee of Ministers on 22 July 2002
at the 803rd 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 Themudo Barata II case delivered on 25 October 2001 and transmitted to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 46773/99) against Portugal, lodged with the European Court of Human Rights on 26 February 1999 under Article 34 of the Convention by Mr José Manuel Miranda Themudo Barata, a Portuguese national, and that the Court declared admissible the complaint concerning the excessive length of certain civil proceedings;
Whereas in its judgment of 25 October 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, after notification of the judgment, the global sum of 800 000 Portuguese escudos, including 600 000 Portuguese escudos in respect of non-pecuniary damage and 200 000 Portuguese escudos for 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;
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 21 January 2002 the government of the respondent state had 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;
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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