Published on 23 October 2023
THIRD SECTION
Application no. 81057/17
Besnik IBRAHIMI
against Albania
lodged on 24 November 2017
communicated on 6 October 2023
SUBJECT MATTER OF THE CASE
The application concerns several issues under Article 6 §§ 1 and 3 (c) of the Convention in the criminal proceedings against the applicant on charges of aggravated murder in which the applicant was sentenced to twenty-two years’ imprisonment:
- the quality of service provided to the applicant by a State-appointed lawyer;
- the manner in which notice of a hearing before the Supreme Court was done;
- the applicant’s right of access to the Constitutional Court.
QUESTIONS TO THE PARTIES
1. Did the applicant have a fair hearing in the determination of a criminal charge against him, in accordance with Article 6 §§ 1 and 3 (c) of the Convention (see Artico v. Italy, 13 May 1980, § 33, Series A no. 37, and Siyrak v. Russia, no. 38094/05, §§ 25-33, 19 December 2013)?
In particular, was the applicant properly notified of a hearing before the Supreme Court? What were the procedural rules for the notification of proceedings before the Supreme Court at the relevant time? How were those rules applied in the instant case?
Did the State-appointed lawyer provide adequate legal assistance to the applicant before the Supreme Court, as required under 6 § 3 (c) of the Convention?
2. Did the Constitutional Court’s decision, rejecting the applicant’s constitutional complaint as being lodged out of time violate the applicant’s right of access to a court as guaranteed by Article 6 § 1 of the Convention (see Supergrav Albania Shpk v. Albania, no. 20702/18, §§ 16-31, 9 May 2023)?