CASE OF RAMOS NUNES DE CARVALHO E SÁ AGAINST PORTUGAL
2025-04-02T00:00:00
Resolution CM/ResDH(2025)49
Execution of the judgment of the European Court of Human Rights
Ramos Nunes de Carvalho e Sá against Portugal
 
(Adopted by the Committee of Ministers on 2 April 2025
at the 1524th meeting of the Ministers’ Deputies)
 
Application No.
Case
Judgment of
Final on
55391/13+
RAMOS NUNES DE CARVALHO E SÁ
06/11/2018
06/11/2018
 
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
 
Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation of Article 6 of the Convention established on account of the lack of public hearing and the limited powers of review by the Supreme Court in disciplinary proceedings against a judge;
 
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
 
-          of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
-          of general measures preventing similar violations;
 
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
 
Having examined the action report provided by the government, indicating the measures adopted in order to give effect to the judgment and noting that no award of just satisfaction was made by the Court in this case (see document DH-DD(2024)1241);
 
Recalling that the question of general measures required to guarantee the non-repetition of the violation of Article 6, with regard to the powers of review of the Supreme Court in disciplinary proceedings, were examined in the framework of the case Tato Marinho dos Santos Costa Alves dos Santos and Figueiredo v. Portugal (CM/ResDH(2021)329);
 
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
 
DECIDES to close the examination thereof.