The Committee of Ministers, under the terms of Article 54 (art. 54)
of the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human Rights in
the Martins Moreira case, delivered on 26 October 1988 and transmitted
the same day to the Committee of Ministers;
Recalling that the case originated in an application against Portugal
lodged with the European Commission of Human Rights on 24 July 1984
under Article 25 (art. 25) of the Convention by Mr José Martins Moreira,
a Portuguese national, who complained that the length of civil
proceedings brought by him following a road accident was not
"reasonable" within the meaning of Article 6, paragraph 1 (art. 6-1),
of the Convention;
Recalling that the case was brought before the Court by the Commission
on 18 December 1987 and by the Government of Portugal on
29 January 1988;
Whereas in its judgment of 26 October 1988 the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1
(art. 6-1), of the Convention;
- held that the respondent State was to pay to the applicant
two million escudos in respect of damage and 435 000 escudos in
respect of costs and expenses, less 5 180 French francs to be
converted into escudos at the rate applicable on the day of the
delivery of the judgment;
- dismissed the remainder of the claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the Convention;
Having invited the Government of Portugal to inform it of the measures
which had been taken in consequence of the judgment, having regard to
its obligation under Article 53 (art. 53) of the Convention to abide
by it;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of Portugal gave the Committee the
information set out in the Appendix to this Resolution;
Having satisfied itself that the Government of Portugal has paid to
the applicant the sums provided for in the judgment,
Declares, after having taken note of the information supplied by the
Government of Portugal, that it has exercised its functions under
Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (89) 22
Information provided by the Government of Portugal during the
examination of the Martins Moreira case before the Committee of
Ministers
The sums provided for in the Court's judgment of 26 October 1988 were
paid to the applicant on 29 December 1988.
The Government of Portugal would also draw attention to the steps
taken in recent years to expedite civil proceedings.
Under Legislative Decree No. 214/88 of 17 July 1988 and Ministerial
Order No. 537/88 of 10 August 1988, the local courts involved in the
Martins Moreira case - namely the Evora Court of First Instance and
the Evora Court of Appeal - have been reinforced in terms of both
judges and administrative staff. Similarly, the number of judges in
the Supreme Court has been significantly increased.
The forensic medicine institutes have also been the subject of reform
with a view to making them suitable aids to the effective
administration of justice. Following Legislative Decree No. 169/83 of
30 April 1983 and Ministerial Order No. 316/87 of 16 April 1987, the
institutes have been equipped with the requisite personnel and
resources. Further, as a result of Legislative Decree No. 387-C/87 of
29 December 1987, organisational reforms have been introduced designed
to enable a prompt response to be given to requests for the
institutes' services.