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 4 December 1986 by Mr José Filipe Frade against Portugal
(Application No. 12638/87);
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 the applicant complained of the
excessive length of civil proceedings;
Whereas the Commission declared the application admissible
on 13 July 1990 and in its report adopted on 13 January 1992
expressed unanimously the opinion that there had been in this
case 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 on 17 September 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
applicant, within three months, the sum of 360 000 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 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 the Committee of Ministers satisfied itself that on
31 March 1993 the Government of Portugal paid the applicant the
sum of 360 000 escudos in respect of just satisfaction;
Whereas the Committee of Ministers has taken note of the
special circumstances that made it impossible for the Government
of Portugal to respect the time-limit set to it for payment,
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.
Full & Egal Universal Law Academy