SILVA AGAINST PORTUGAL



     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 5 October 1987 by Mr António Silva against Portugal

(Application No. 14107/88);

     Whereas on 25 March 1993 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 the applicant complained of the

excessive length of certain civil proceedings;

     Whereas the Commission declared the application admissible

on 13 February 1992 and in its report adopted on 10 February 1993

expressed unanimously the opinion that there had been a violation

of Article 6, paragraph 1 (art. 6-1), of the Convention;

     Whereas, prior to the examination of the case, the Committee

of Ministers was informed by letter dated 5 July 1993 from the

President of the Commission that a friendly settlement had been

reached between the applicant and the Government of Portugal,

under the terms of which the applicant would receive

700 000 escudos;

     Having satisfied itself that on 14 January 1994 the

Government of Portugal paid the applicant the sum of

700 000 escudos agreed upon in the friendly settlement,

     Finds that the solution reached is based on respect for

human rights as defined in the Convention;

     Decides therefore, under Rule 6bis of the Rules adopted by

the Committee of Ministers for the application of Article 32

(art. 32) of the Convention, to discontinue its examination of

the present case;

     Authorises the publication of the report adopted by the

Commission in this case.

 

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