DIAS DAS ALMAS AGAINST PORTUGAL



     The Committee of Ministers, under the terms of Article 32

(art. 32) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

     Having regard to the report drawn up by the European

Commission of Human Rights in accordance with Article 31 (art. 31)

of the Convention relating to the application lodged on 5 May 1987

by Mr Manuel Dias das Almas against Portugal

(Application No. 12979/87);

     Whereas on 12 February 1992 the Commission transmitted the

said report to the Committee of Ministers and whereas the period of

three months provided for in Article 32, paragraph 1 (art. 32-1),

of the Convention has elapsed without the case having been brought

before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

     Whereas in his application, declared admissible by the

Commission on 13 July 1990, the applicant complained of the

excessive length of certain civil proceedings;

     Whereas in its report adopted on 13 January 1992, the

Commission expressed, unanimously, the opinion that there had been

a violation of Article 6, paragraph 1 (art. 6-1), of the

Convention;

     Whereas, at the 477th meeting of the Ministers' Deputies held

on 15 June 1992, the Committee of Ministers, agreeing with the

opinion expressed by the Commission, held, having voted in

accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a

violation of Article 6, paragraph 1 (art. 6-1), of the Convention;

     Whereas the Committee of Ministers examined the proposals made

by the Commission when transmitting its report as regards just

satisfaction to be awarded to the applicant, proposals supplemented

by a letter of the President of the Commission dated 29 June 1992;

     Whereas, at the 479th meeting of the Deputies held on

17 September 1992, the Committee of Ministers decided, in

accordance with Article 32, paragraph 2 (art. 32-2), of the

Convention, that the Government of Portugal was to pay the

applicant as just satisfaction, within three months,

700 000 escudos;

     Whereas the Committee of Ministers invited the Government of

Portugal to inform it of the measures taken following its decisions

of 15 June 1992 and 17 September 1992, having regard to Portugal's

obligation under Article 32, paragraph 4 (art. 32-4), of the

Convention to abide by them;

     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

Committee's decisions, which information appears summarised in the

appendix to this resolution;

     Whereas the Committee of Ministers satisfied itself that on

31 May 1995 the Government of Portugal paid into a special account

for the applicant's heirs the total sum of 700 000 escudos as just

satisfaction,

     Declares, having taken note of the measures taken by the

Government of Portugal, that it has exercised its functions under

Article 32 (art. 32) of the Convention in this case;

     Authorises the publication of the report adopted by the

Commission in this case.

               Appendix to Resolution DH (95) 197

       Information provided by the Government of Portugal

        during the examination of the Dias das Almas case

                  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.

 

Full & Egal Universal Law Academy