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
20 October 1989 by Mr Arduíno Matos Mendes Cascalho against
Portugal (Application No. 16739/90);
Whereas on 28 March 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, as declared admissible by the
Commission on 30 June 1993, the applicant complained of the
excessive length of certain criminal proceedings in which he had
exercised an "assistente" action;
Whereas in its report adopted on 2 March 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 517th meeting of the Ministers' Deputies, held
on 20 September 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 8 July 1994;
Whereas, at the same meeting of the Deputies, 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,
405 000 escudos in respect of non-pecuniary damage and
22 500 escudos in respect of costs and expenses, namely a total sum
of 427 500 escudos;
Whereas the Committee of Ministers invited the Government of
Portugal to inform it of the measures taken following its decisions
of 20 September 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) 82), would also apply to situations comparable
to the one at issue in the present case;
Whereas the Committee of Ministers satisfied itself that
on 19 January 1995 the Government of Portugal paid the applicant
the total sum of 427 500 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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