MOREIRA BARBOSA v. PORTUGAL DECISION 1 [TRANSLATION] ... THE FACTS The applicant, Mr Joaquim Moreira Barbosa, is a Portuguese national who was born in 1942 and lives in Maia (Portugal). He was represented before the Court by Mr J.J.F. Alves, a lawyer practising in Matosinhos. The facts of the case, as submitted by the parties, may be summarised as follows. On 2 January 1996 the applicant lodged a criminal complaint against a certain F.P.S. with the Matosinhos public prosecutor’s office, accusing him of having issued a bad cheque. On 9 February 1996 the accused gave evidence to the public prosecutor’s office. On 6 March 1996 the public prosecutor dealing with the case filed his submissions. On 11 April 1996 the applicant brought an action for damages. In an order of 14 June 1996 a judge of the Matosinhos Criminal Court, to which the case had been referred, set it down for hearing on 14 April 1997. On that day the hearing was adjourned until 5 February 1998 because the defendant was not present. The defendant subsequently produced a medical certificate, which the judge accepted in an order of 24 April 1997. On 5 February 1998, noting that the defendant was again absent, the judge adjourned the hearing until 18 May 1998 and issued a warrant for him to be brought before the court. On the appointed day, however, the defendant did not appear. The judge adjourned the hearing until 20 October 1998 and renewed the warrant. On 20 May 1998 the Republican National Guard indicated that the defendant had not been found at the address given. In an order of 4 June 1998 the judge asked the police to search for the defendant’s possible new address. On 20 October 1998, as the defendant had again failed to appear, the hearing was adjourned until 28 January 1999. For the same reason, it was then adjourned until 4 March 1999 and subsequently sine die. On 24 April 1999 the judge made an order for the defendant to be tried in absentia. In an order of 20 September 1999 he decided that the defendant should be given the opportunity to appear voluntarily within six months. On 28 January 2000 the applicant applied to the Supreme Council of the Judiciary under Articles 108 and 109 of the Code of Criminal Procedure for an order to expedite the proceedings. In a decision of 8 February 2000 the Supreme Council of the Judiciary refused his application, holding that, in view of the judge’s order of