Resolution CM/ResDH(2011)145[1]
Execution of the judgment of the European Court of Human Rights
Women on Waves against Portugal
(Application No. 31276/05, judgment of 3 February 2009, final on 3 May 2009)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the breach of the applicant associations’ right to freedom of expression due to the decision of the administrative authorities to prohibit the ship Borndiep, which had been chartered with a view to staging activities promoting the decriminalisation of abortion, from entering Portuguese territorial waters in 2004 (violation of Article 10) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the respondent state paid, within the time-limit set, the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2011)145
Information on the measures taken to comply with the judgment in the case of
Women on Waves against Portugal
Introductory case summary
The case concerns the administrative authorities’ decision, based on maritime law and Portuguese health laws, to prohibit the ship Borndiep, chartered with a view to staging activities promoting the decriminalisation of abortion, from entering Portuguese territorial waters in 2004 (violation of Article 10).
The European Court noted the lack of sufficiently strong evidence of any intention on the part of the applicant associations deliberately to breach Portuguese abortion legislation and considered that in seeking to prevent disorder and protect health, the Portuguese authorities could have resorted to other means that were less restrictive of the applicants’ freedom of expression (§ 41 of the judgment).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
6 000 EUR
1 809,40 EUR
7 809,40 EUR
Paid on 03/08/2009
b) Individual measures
As indicated in the judgment, the ship went back to the Netherlands on 10/09/2004 (§12). The European Court awarded just satisfaction in respect of non-pecuniary damages. On the contrary, it found no link between the violation and the pecuniary damages claimed by the applicants.
In these circumstances, no other individual measure seems necessary.
II.General measures
The judgment of the European Court has been translated into Portuguese and published on the internet, in the website managed by the Office of the Principal State Prosecutor ( - Gabinete de Documentação e Direito Comparado). It has also been sent to the Judicial Service Commission and to the Service Commission of administrative and fiscal tribunals, and then disseminated to the competent authorities. In light of the circumstances, according to the Portuguese authorities this is an isolated case. As a result, publication and dissemination of the judgment constitute sufficient measures to prevent future similar violations.
III.Conclusions of the respondent state
The government considers that no other individual measure is required apart from the payment of the just satisfaction awarded to the applicants by the Court that the general measures adopted will prevent similar violations and that Portugal has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies
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