Article 25 of the American Convention.291 However, the Court considers that the analysis of
the enforcement phase of judgments can also be addressed in accounting for the duration of
proceedings, in order to determine its impact on prolonging the reasonable term of the
proceedings.292
150. In fact, the European Court on Human Rights has repeatedly indicated that
“enforcement proceedings must be regarded as the second stage of the proceedings.” 293
Similarly, in the case of Silva e Pontes Vs. Portugal, the Court established that the
guarantees established in Article 6 of the European Convention apply both to the first stage
of the proceedings as well as to the second. 294 In addition, in the case of Robins Vs. United
Kingdom said Court concluded that all stages of the proceedings for the determination of
civil rights and obligations, “not excluding stages subsequent to judgment on the merits,”
shall be resolved within a reasonable time.295
151. Accordingly, this Court considers that the main purpose for which the alleged victim
filed a civil suit was to obtain compensation for damages; therefore, for the purposes of
analyzing the reasonable term, said proceedings cannot be considered completed until that
purpose is materialized.296 Similarly, the Court considers that the term for the enforcement
291
Cf. inter alia, Case of the Five Pensioners v. Peru, para. 138, and Case of Acevedo Buendía et al.
(“Discharged and Retired Employees of the Office of the Comptroller”) v. Peru. Preliminary Objection, Merits,
Reparations and Costs. Judgment of July 1, 2009. Series C No. 198, para. 77.
292
Cf. Case of Gomes Lund et al. (Guerrilha do Araguaia) v. Brazil, para. 220.
293
Cf. ECHR Case of Di Pede v. Italy, (No. 15797/89) Judgment of August 29, 1996, para. 24; Case of Silva e
Pontes v. Portugal, (No. 14940/89) Judgment of 23 March 1994, para. 33; Case of Zappia v. Italy, (No.
24295/94)Judgment of 29 August 1996, para. 20. The European Court analyzed the reasonable term for
proceedings originating from breach of a contract for the sale of an apartment under construction. The proceedings
ended in a final and firm judgment, and was followed by the procedure for enforcement of this judicial decision;
Case of Cochiarella v. Italy, (No. 64886/01), G.C. Judgment of 29 March 2006, para. 88. The European Court
issued rulings in ten cases where the plaintiffs were Italian citizens requesting reparation in Italian courts within
the framework of the "Pinto Act" (Law Nº. 89 of March 24, 2001) for the losses incurred due to excessive delays in
the proceedings to which they were parties in the national courts.
294
Cf. ECHR Case of Silva e Pontes v. Portugal, para. 36. The European Court analyzed the reasonable term for
proceedings for damages originating from a traffic accident. On this occasion the proceeding ended with a
Judgment that ordered the payment of compensation to the plaintiffs, and was followed by an enforcement phase
to achieve effective payment of the award. (“There can be no doubt that Article 6 (art. 6) applies to the first stage
of the proceedings and, having regard to its reasoning in relation to the preliminary objection, the Court is of the
view that the same must be true of the second stage”).
295
Cf. ECHR Case Robins v. United Kingdom, (No. 22410/93), Judgment of September 27, 1997, paras. 28
and 29. The European Court analyzed the reasonable term of proceedings arising from a dispute between
neighbors, which although it ended in a final and firm judgment, required a subsequent process to establish the
costs of the proceedings. (“The Court recalls that Article 6 § 1 of the Convention requires that all stages of legal
proceedings for the “determination of ... civil rights and obligations”, not excluding stages subsequent to judgment
on the merits, be resolved within a reasonable time”) (“the costs proceedings, even though separately decided,
must be seen as a continuation of the substantive litigation and accordingly as part of a “determination of ... civil
rights and obligations”).
296
Cf. mutatis mutandis, ECHR Case of Di Pede v. Italy, para. 31. The European Court ruled on this point in
the context of the analysis of reasonable term of a judicial process that ended in a judge’s order to demolish works
that caused damages to the neighbors. The enforcement of this order was partially executed; hence, the Court
deemed that the proceedings had not been finalized. (“Lastly, the Government's contention that the case has been
discontinued cannot be accepted; it is hard to understand how the case could have been discontinued while part of
the works had still not been carried out”).
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