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 15 June 1987 by Mr Fernando Ribeiro B. de Mello against
Portugal (Application No. 13388/87);
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 the Committee of Ministers was informed that the
applicant had died on 27 February 1992 and that his heirs wished
to continue the proceedings;
Whereas in his application the applicant had complained of
the excessive length of certain civil proceedings before the
administrative courts;
Whereas the Commission declared the application admissible
on 9 November 1990 and in its report adopted on 13 January 1992
expressed unanimously the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention;
Whereas, at the 479th meeting of the Ministers' Deputies
held on 17 September 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
16 October 1992;
Whereas on 15 December 1992 the Committee of Ministers held,
in accordance with Article 32, paragraph 2 (art. 32-2), of the
Convention, that the Government of Portugal was to pay the
applicants, within three months, the sum of 450 000 Portuguese
escudos in respect of just satisfaction;
Whereas the Committee of Ministers invited the Government
of Portugal to inform it of the measures taken following its
decisions of 17 September 1992 and 15 December 1992, having
regard to Portugal's obligation under Article 32, paragraph 4
(art. 32-4), of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that on
10 December 1993 the Government of Portugal paid the applicants
the sum of 450 000 escudos in respect of 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.
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