Final Resolution CM/ResDH(2016)272
Execution of the judgments of the European Court of Human Rights
Four cases against Albania
Application
Case
Judgment of
Final on
12315/04
LASKA AND LIKA
20/04/2010
20/07/2010
33192/07+
KAÇIU AND KOTORRI
25/06/2013
09/12/2013
847/05
BERHANI
27/05/2010
04/10/2010
26866/05
SHKALLA
10/05/2011
10/08/2011
(Adopted by the Committee of Ministers on 21 September 2016
at the 1265th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations of Article 6, paragraph 1 and 3 and of Article 3 of the Convention on account of the unfairness and excessive length of criminal proceedings, and ill-treatment during interrogation by the police;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
-of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
-of general measures preventing similar violations;
Having noted that the just satisfaction has been paid by the government of the respondent State and that the impugned proceedings at issue in these cases were reopened;
Noting with satisfaction the numerous amendments to the Code of Criminal Procedure defining principles concerning the identification of suspects, access to a lawyer from the first moment of arrest or detention, the rights of the accused during interrogation and the prohibition of the use of statements obtained in violation of these rights, as well as general measures adopted to prevent ill-treatment of detainees;
Noting also with satisfaction the wide-ranging awareness measures adopted to ensure that the relevant legal provisions are properly implemented in practice, including as regards the access to the Constitutional Court, in line with the requirements of Articles 3 and 6 of the Convention;
Noting finally that the general measures required in response to the other aspects of the violations of Article 6 the Convention established in some of these cases, namely concerning criminal proceedings in absentia, appearance of witnesses and excessive length of proceedings, continue to be examined in the Caka group of cases and in the Luli group,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in the cases listed above and
DECIDES to close the examination thereof.
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