CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 7 février 1995

.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 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.