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
29 January 1991 by Mr Francisco Lopo de Carvalho against Portugal
(Application No. 17857/91);
Whereas on 13 July 1994 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 11 January 1994, the applicant complained of the
excessive length of certain criminal proceedings;
Whereas in its report adopted on 11 May 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 520th meeting of the Ministers' Deputies held
on 16 November 1994, 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
21 October 1994;
Whereas, at the 522nd meeting of the Deputies held on
5 December 1994, 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, 800 000 escudos in respect of
non-pecuniary damage and 200 000 escudos in respect of costs and
expenses, namely a total sum of 1 000 000 escudos;
Whereas the Committee of Ministers invited the Government of
Portugal to inform it of the measures taken following its decisions
of 16 November and 5 December 1994, 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) 71 in the case of Gama Cidrais against Portugal
and Resolution DH (94) 76 in the case of Martins da Cunha against
Portugal), would also apply to situations comparable to the one at
issue in the present case;
Whereas the Committee of Ministers satisfied itself that on
20 March 1995 the Government of Portugal paid the applicant the
total sum of 1 000 000 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.
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