CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 19 octobre 1994

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       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 February 1991 by Mafalda Teles da Gama Vinhas against Portugal (Application No. 18028/91);        Whereas on 15 October 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 her application, declared admissible by the Commission on 10 February 1993, the applicant complained of the excessive length of certain civil proceedings;        Whereas in its report adopted on 1 September 1993, 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 510th meeting of the Ministers' Deputies, held on 21 March 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 at the same meeting 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 January 1994;        Whereas, 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, 350 000 escudos in respect of non-pecuniary damage;        Whereas the Committee of Ministers invited the Government of Portugal to inform it of the measures taken following its decisions of 21 March 1994, having regard to Portugal's obligation under Article 32, paragraph 4 (art. 32-4), of the Convention to abide by them;        Whereas, during the examination of the case by the Committee of Ministers, the Government of Portugal gave the Committee information about the measures taken in consequence of the Committee's decisions, which information appears in the appendix to this resolution;        Whereas the Committee of Ministers satisfied itself that on 1 June 1994 the Government of Portugal paid the applicant the total sum of 350 000 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.                   Appendix to Resolution DH (94) 74          Information provided by the Government of Portugal    during the examination of the case of Teles da Gama Vinhas                   by the Committee of Ministers        Through the Act of 20 August 1992 (No. 24/92), as implemented by the decree of 15 September 1993 (No. 312/93) and by the law decree of 17 June 1994 (No. 222/94), the Government of Portugal has adopted an important reform in order to remedy the overload of cases pending before the courts by reorganising the court system and by speeding up the examination of the cases.        This reform has involved, inter alia, a redefinition of the territorial jurisdiction of the courts; the specialisation of certain courts; the institution in the districts of Lisbon and Porto of courts with competence in civil and criminal matters; the temporary creation of auxiliary courts in order to alleviate the case-load of certain courts.   Moreover, the total number of courts and judges has been increased.   Finally, the most important districts, notably Lisbon, Porto, Coimbra, Almada, Funchal and Loures, have been subject to important reforms.        The Government considers that these measures will be sufficient to prevent the repetition of the kind of violation of the Convention found in the present case.