CEDHCASELAW;RESOLUTIONS;EXECUTION;ENG17
CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 19 septembre 1989
- ECLI
- ECLI:CEDH:001-55472
- Date
- 19 septembre 1989
- Publication
- 19 septembre 1989
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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version préliminaireFaits
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Question juridique
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Solution
source officielleInformation given by the government concerning measures taken to prevent new violations. Payment of the sums provided for in the judgment.
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Texte intégral
.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 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.    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;RESOLUTIONS;EXECUTION;ENG
- Formation
- 17
- Date
- 19 septembre 1989
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-55472
Données disponibles
- Texte intégral