CASE OF FREITAS v. PORTUGAL
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time)
Paulo Pinto De Albuquerque
4. The applicants was born in 1976 and lives in Porto. 5. On 28 August 1996 the applicant instituted an action for the settlement of accounts in inventory proceedings (ação especial de prestação de contas em inventário) before the Penafiel Court. 6. From 20 December 1996 to 24 April 1997 the administrator of the estate (cabeça de casal) was notified, challenged the action and submitted the relevant accounts, which were contested by the applicant. 7. On 23 February 1998 the judge gave instructions setting out the matters that had already been established and those that remained outstanding (despacho saneador). On 17 June 1998 the evidence submitted by the parties was admitted by the Penafiel Court. 8. On 17 September 1998 the applicant revoked the power of attorney given to her lawyer in the proceedings and on 6 November 1998 requested legal aid, which was granted by the State’s Attorney’s Office on 5 February 1999. On 22 February 1999 a lawyer was appointed to represent the applicant. 9. On 19 March 1999, following a request of the applicant’s representative, the hearing scheduled to 24 March 1999 was adjourned. 10. On 19 October 1999 the hearing was adjourned because the representative of the administrator of the estate failed to appear. The hearing was adjourned to 9 May 2000. 11. On 2 May 2000 the applicant requested to represent herself in the proceedings. 12. On 9 May 2000 the applicant’s request was granted and the first hearing was held. The hearing continued on 24 May 2000. 13. On 5 June 2000 the Penafiel Court adopted a decision with regard to the factual basis (matéria de facto) and on 14 September 2000 it delivered its judgment in which it ruled against the applicant. 14. On 25 September 2000 the applicant appealed against the decision before the Porto Court of Appeal, which delivered a decision remitting the case to the first-instance court on 5 June 2001. 15. Between 5 June 2001 and 23 June 2010 the proceedings were again analysed by the first-instance court to which they were remitted twice. On 23 June 2010 the Penafiel Court adopted its fourth judgment in the proceedings. 16. Between 7 July 2010 and March 2013 the applicant lodged different appeals before the Porto Court of Appeal, the Supreme Court of Justice and the Constitutional Court. 17. On 10 May 2013 the Constitutional Court adopted the final decision in the proceedings. 18. On 23 November 1995 the applicant instituted inventory proceedings (processo especial de inventário) before the Porto Court. 19. Between 13 December 1995 and 14 November 1996 several procedural steps took place, namely, the appointment of the administrator of the estate (cabeça de casal) and declarations from the parties. 20. On 23 May 1997 a conference between the parties (conferência de interessados) started. The conference was adjourned to 25 June 1997 at the request of the parties who argued they would try to reach an agreement. 21. On 25 June 1997, at the request of the parties, the proceedings were stayed for ten days. 22. On 8 September 1997 the applicant requested information to the administrator of the estate with regard to certain amounts which had allegedly been received by her. On 20 October 1997 the administrator of the estate replied. 23. On 27 November 1997 the conference of the parties continued and the representative of administrator of the estate requested the suspension of the proceedings due to the death of the latter. 24. Between 4 December 1997 and 23 June 1998 procedural steps were taken in view of the continuation of the proceedings against the heirs of the deceased administrator of the estate (incidente de habilitação de herdeiros). In this period a second administrator of the estate was appointed. 25. Between 18 September 1998 and 7 January 1999 the applicant revoked the power of attorney given to her lawyer in the proceedings and requested legal aid, which was granted. 26. On 19 March 1999 the conference of the parties was scheduled to 26 May 1999. 27. On 21 April 1999 the administrator of the estate requested a second set of proceedings against the heirs of her father. On 10 December 1999 the Porto Court admitted the heirs as parties to the proceedings. 28. Between 17 February 2000 and 21 June 2000 the Porto Court attempted to notify one of the heirs. 29. On 14 December 2000 the conference of the parties was adjourned due to the death of a J.L.E, party to the proceedings. On 13 March 2001 proceedings were initiated against the heirs of J.L.E, seeking their intervention in the proceedings. 30. On 13 December 2001 the conference of the parties was adjourned at the request of the parties who sought to reach an agreement. The agreement between the parties failed. 31. Between 30 January 2002 and 5 June 2006 the parties lodged several requests with the Porto Court, to which it promptly replied. 32. On 21 November 2002 a third set of proceedings against the heirs of M.P.E., party to the proceedings, was initiated; having ended on 16 January 2003. 33. On 11 June 2003 the Porto Court adopted a decision with regard to the partition of the estate (sentença de partilha). 34. On 29 September 2003 the applicant appealed against the decision before the Porto Court of Appeal. By a decision of 7 April 2004 the Porto Court of Appeal quashed the first-instance decision, annulled all the procedural steps taken and remitted the case to the Porto Court. 35. Between 13 October 2004 and 5 January 2005 several procedural steps took place, in particular, notifications, a request made by the applicant and delivering of declarations. 36. On 25 January 2005 the Porto Court ordered the suspension of the proceedings in order to determine the legal standing of one of the parties. Between 9 February 2005 and 22 November 2005, the applicant appealed against this decision before the Porto Court of Appeal – which was dismissed – and the administrator of the estate requested the continuing of the proceedings, which was determined by the Porto Court. 37. On 31 January 2007 the conference of the parties was adjourned to 3 May 2007, which continued on 6 June 2007. 38. Between 11 June 2007 and 14 June 2011 several applications were made and challenged by the parties, different appeals were lodged by the applicant and several notifications were made by the Porto Court, which promptly replied to all requests. 39. On 14 June 2011 the Porto Court adopted a decision with regard to the partition of the estate. On 30 June 2011 the applicant appealed against the decision, which was dismissed by the Porto Court of Appeal on 24 April 2012. 40. Between May 2012 and June 2013 the applicant lodged three appeals before the Supreme Court of Justice and two appeals before the Constitutional Court. The appeals were dismissed, the last decision being adopted by the Constitutional Court on 22 October 2013. 41. On 2 February 2014 the applicant started proceedings seeking the enforcement of the decision with regard to the partition of the estate (processo especial de execução de inventário), which is still pending before the Porto Court.