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 18 April 1991 by Mr L. L. against Portugal
(Application No. 18347/91);
Whereas on 11 January 1995 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, as declared admissible by the Commission on 6
April 1994, the applicant complained of the excessive length of certain criminal
proceedings combined with an assistente action;
Whereas in its report adopted on 30 November 1994, 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 539th meeting of the Ministers' Deputies held on 7 June
1995 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 3 March 1995;
Whereas, at the 542nd meeting of the Deputies held on
7 September 1995, 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, 450 000
escudos in respect of non-pecuniary damage and 36 284 escudos in respect of
costs and expenses, namely a total sum of 486 284 escudos;
Whereas the Committee of Ministers invited the Government of Portugal to
inform it of the measures taken following its decisions of 7 June 1995 and 7
September 1995, having regard to Portugal's obligation under Article 32,
paragraph 4 (art. 32-4), of the Convention to abide by them;
Whereas the Government of Portugal informed the Committee of Ministers
that the reform of the court system organisation introduced by 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) (see, inter
alia, Resolution DH (94) 82, in the case of S.A. I), would also apply to
situations comparable to the one at issue in the present case;
Whereas the Committee of Ministers satisfied itself that
on 1 February 1996 the Government of Portugal paid the total sum
of 486 284 escudos, as just satisfaction, into a special account
on 1 February 1996, as the applicant did not want to accept this sum,
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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