TEIXEIRA DE CASTRO JUDGMENT OF 9 JUNE 1998
1
In the case of Teixeira de Castro v. Portugal1,
The European Court of Human Rights, sitting, in accordance with
Article 43 of the Convention for the Protection of Human Rights and
Fundamental Freedoms (“the Convention”) and the relevant provisions of
Rules of Court B2, as a Chamber composed of the following judges:
Mr R. BERNHARDT, President,
Mr A. SPIELMANN,
Mr N. VALTICOS,
Mrs E. PALM,
Mr I. FOIGHEL,
Mr A.N. LOIZOU,
Mr M.A. LOPES ROCHA,
Mr B. REPIK,
Mr V. BUTKEVYCH,
and also of Mr H. PETZOLD, Registrar, and Mr P.J. MAHONEY, Deputy
Registrar,
Having deliberated in private on 26 March and 18 May 1998,
Delivers the following judgment, which was adopted on the lastmentioned date:
PROCEDURE
1. The case was referred to the Court by the European Commission of
Human Rights (“the Commission”) on 16 April 1997 and by the Portuguese
Government (“the Government”) on 17 June 1997, within the three-month
period laid down by Article 32 § 1 and Article 47 of the Convention. It
originated in an application (no. 25829/94) against the Republic of Portugal
lodged with the Commission under Article 25 by a Portuguese national,
Mr Francisco Teixeira de Castro, on 24 October 1994.
The Commission’s request referred to Articles 44 and 48 and to the
declaration whereby Portugal recognised the compulsory jurisdiction of the
Court (Article 46); the Government’s application referred to Article 48. The
object of the request and of the application was to obtain a decision as to
whether the facts of the case disclosed a breach by the respondent State of
its obligations under Articles 3, 6 § 1 and 8 of the Convention.
2. In response to the enquiry made in accordance with Rule 35 § 3 (d) of
Rules of Court B, the applicant stated that he wished to take part in the
Notes by the Registrar
1. The case is numbered 44/1997/828/1034. The first number is the case’s position on the
list of cases referred to the Court in the relevant year (second number). The last two
numbers indicate the case’s position on the list of cases referred to the Court since its
creation and on the list of the corresponding originating applications to the Commission.
2. Rules of Court B, which came into force on 2 October 1994, apply to all cases
concerning States bound by Protocol No. 9.