MARTINS and GARCIA ALVES - Portugal (N° 37528/97)
*Judgment 16.11.2000 [Section IV]

Facts: In 1984 the Lisbon Public Prosecutor’s Office began an investigation into a fraud committed against a public company, Electricidade de Portugal (Electricity of Portugal – EDP). On 18 January 1985 the two applicants, both Portuguese nationals, were questioned about the offences by officers of the Lisbon judicial police and the second applicant, an EDP employee, admitted the offences. Following an order of the Lisbon investigating judge in July 1987 the first applicant was heard in October 1987 and the second in April 1988. The criminal proceedings continued and ended with the verdict of the Lisbon Criminal Court on 17 February 1997 finding both applicants guilty of an offence of aggravated fraud. They were sentenced to one year and six months’ imprisonment and ordered to pay a sum to EDP. Their prison sentences were fully commuted under amnesty laws. The applicants complained of the length of the criminal proceedings.

Law: Article 6(1) (reasonable time) – The period to be taken into consideration had begun when the applicants were questioned about the offences by the judicial police on 8 January 1985. It was at that point that the applicants had become aware of the existence of the investigation concerning them. Indeed, the second applicant had admitted the offence. The questioning of the applicants was a measure which had had "serious repercussions" on their situation. Since the proceedings had ended on 17 February 1997, they had lasted more than twelve years, including a period of inaction of four years and seven months attributable to the authorities which, by itself, sufficed to show a failure to comply with the "reasonable time" requirement.

Conclusion: violation (unanimously).

Article 41 – It was appropriate to award the applicants a certain sum as compensation for their non-pecuniary damage.