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 l5 March l985 by Mrs Maria Constança Pulido Garcia against
Portugal (Application No. ll499/85);
Whereas on 22 January l99O 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 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 her application the applicant complained of the
excessive length of civil proceedings she had instituted before
the Beja first instance court;
Whereas the Commission declared the application admissible
on l6 March l989 and in its report adopted on 6 December l989
expressed unanimously the opinion that there had been a violation
of Article 6, paragraph 1 (art. 6-1), of the Convention;
Agreeing with the opinion expressed by the Commission in
accordance with Article 31, paragraph 1 (art. 31-1), of the
Convention;
Whereas, during the examination of the case, the Committee
of Ministers was informed by the Government of Portugal that the
legislative Decree No. 2l4/88 of l7 June l988 for the
implementation of the Act relating to the organisation of the
courts of 28 December l987 provides for the creation in Beja of
a new first instance court (Tribunal de Circolo). Consisting of
three judges appointed exclusively to work for this court, the
latter started functionning on l January l989;
Having examined the proposals made by the Commission
concerning just satisfaction for the applicant,
Decides, having voted in accordance with the provisions of
Article 32, paragraph 1 (art. 32-1), of the Convention, that
there has been a violation of Article 6, paragraph 1 (art. 6-1),
of the Convention in this case;
Takes note of the information provided by the Government of
Portugal;
Recommends, under Rule 5 of the Rules adopted by the
Committee of Ministers for the application of Article 32
(art. 32) of the Convention, that the Government of Portugal pay
to the applicant the sum of 500 000 escudos for non-material
damage;
Decides, therefore, that no further action is called for in
this case.
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