CEDH · CASELAW;RESOLUTIONS;EXECUTION;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 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 Silva Pontes case delivered on 23 March 1994 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 16 January 1989 under Article 25 (art. 25) of the Convention by Mr Virgílio da Silva Pontes, a Portuguese national, and that the Commission declared admissible the complaint regarding the excessive length of certain civil proceedings for damage and of the subsequent enforcement proceedings;        Recalling that the case was brought before the Court by the Commission on 19 February 1993 and by the Government of Portugal on 5 April 1993;        Whereas in its judgment of 23 March 1994 the Court:        - dismissed, unanimously, the Government's preliminary objection;        - held, unanimously that Article 6, paragraph 1 (art. 6-1), was applicable to this case;        - held, by eight votes to one, that there had been a violation of Article 6, paragraph 1 (art. 6-1);        - held, by eight votes to one, that the respondent state was to pay the applicant, within three months, 1 500 000 escudos for damage and 200 000 escudos for costs and expenses;        - dismissed, unanimously, 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 of 23 March 1994, having regard to Portugal's 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 information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;        Having satisfied itself that on 18 May 1994 the Government of Portugal paid the applicant the sums provided for in the judgment of 23 March 1994,        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 (94) 79   Information provided by the Government of Portugal during the examination of the case of Silva Pontes 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 legislative 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.