CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 20 février 1992

.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 judgments of the European Court of Human Rights in the Moreira de Azevedo case delivered on 23 October 1990 and 28 August 1991 and transmitted the same days to the Committee of Ministers;   Recalling that the case originated in an application against Portugal lodged with the European Commission of Human Rights on 16 November 1984 under Article 25 (art. 25) of the Convention by Mr Manuel Moreira de Azevedo, a Portuguese national, who complained of the length of criminal proceedings instituted by the Public Prosecutor against a person who had assaulted him;   Recalling that the case was brought before the Court by the Commission on 12 October 1989;   Whereas in its judgment of 23 October 1990 the Court unanimously:   -     dismissed the Government's preliminary objection;   -     held that Article 6, paragraph 1 (art. 6-1), of the      Convention applied to the present case and that it had      been violated;   -     held that the question of the application of      Article 50 (art. 50) was not ready for decision;   Whereas in its judgment of 28 August 1991 the Court unanimously:   -     held that Portugal was to pay to the applicant within      the next three months, 4 million escudos in respect of      damages and 946 800 escudos for costs and expenses      less 20 153,90 French francs;   -     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 judgments of 23 October 1990 and 28 August 1991, having regard to its obligation under Article 53 (art. 53) 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 judgments, which information appears in the appendix to this resolution;   Having satisfied itself that the Government of Portugal has paid the applicant the sums provided for in the judgment of 28 August 1991,   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(92)10         Information provided by the Government of Portugal     during the examination of the Moreira de Azevedo case                  by the Committee of Ministers   Sections 108 and 109 of the new Code of criminal procedure that came into force on 1 January 1988 instituted an autonomous remedy to expedite the procedure.   Under Section 108, when the time-limits set by the law for the duration of each phase of the proceedings have expired, the Public Prosecutor, the accused, the assistente or the parties claiming damages may request expedition.   The decision on this request is to be taken either by the Republic's General Prosecutor, if the case is under the direction of the Public Prosecutor or by the Superior Council of the Judiciary if the case was brought before a Court or a judge.   The judges that participated in any way whatsoever in the case cannot intervene in the deliberations.   Section 109 of the new Code of criminal procedure determines the procedure to be followed when dealing with a request for expedition.   In particular, paragraph 5 of Section 109 states the decision taken may be either to declare the request inadmissible as being ill-founded or because the delays found were justified; or to request further information, which must be provided within a maximum of five days, or to request that an enquiry be conducted, within a period that cannot exceed fifteen days; or to suggest or determine the disciplinary sanctions, management, organisational   or rationalisation measures called for by the situation.   According to paragraph 6 of Section 109 the decision is immediately communicated to the Court or the entity in charge of the case as well as to the authorities who have disciplinary jurisdiction over the persons responsible for the delays found.   Furthermore, a Ministerial Instrument (Portaria) no. 848/83 dated 23 August 1983 has appointed a third judge to the district of Vila Nova de Famalicao.   A new first instance court (Tribunal de Circolo), including the Vila Nova de Famalicao district, was set up in Santo Tirso and started functioning on 21 August 1990. Lastly, the administration staff of the Famalicao District was raised from thirty-eight to forty-two civil servants by Ministerial Instrument (Portaria) No. 537/88 of 10 August 1988.   The sums awarded by the Court to the applicant were paid on 15 October 1991.