Interim Resolution CM/ResDH(2013)115
Execution of the pilot judgment Manushaqe Puto and 11 other judgments of the European Court of Human Rights concerning the failure to enforce final domestic judicial and administrative decisions relating to the right of the applicants to restitution or compensation (whether pecuniary or in kind) for property nationalised during the communist regime in Albania (see Appendix)
(Adopted by the Committee of Ministers on 6 June 2013
at the 1172nd 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, as amended by Protocol No. 11 (hereinafter “the Convention”);
Recalling that this group of cases concerns the longstanding structural problem of the non-enforcement of final domestic judicial and administrative decisions relating to the right of the applicants to restitution or compensation (whether pecuniary or in kind) for property nationalised during the communist regime (violations of Article 6 § 1 and Article 1 of Protocol no 1), as well as the lack of an effective remedy in that regard (violation of Article 13);
Recalling that in view of the scale and persistent ineffectiveness of the current compensation mechanism, the European Court of Human Rights delivered a pilot judgment in the case of Manushaqe Puto and others, in which it set an 18 month deadline – namely until the 17 June 2014 – for the Albanian Government to establish an effective compensation mechanism;
Underlining the support given by the Committee to the Albanian authorities, since it has been supervising the execution of this group of cases, in the identification of measures to adopt urgently in order to resolve this longstanding structural problem;
Noting with great concern that to date, only one of the measures identified has been finalised, namely the land valuation map, and that no action plan demonstrating the ability of the Albanian authorities to establish an effective compensation mechanism within the deadline set by the Court, has been submitted;
Recalling that the non-enforcement of domestic final decisions represents a grave danger to the rule of law, risks undermining the confidence of citizens in the judicial system, and as such calls into question the credibility of the State;
Underlining the obligation of every State, under the terms of Article 46, paragraph 1, of the Convention to abide by the final judgments of the European Court in any case to which they are a party,
CALLS ON the Albanian authorities, at the highest level, to give the highest priority to the preparation of an action plan capable of establishing, within the deadline set by the European Court, an effective compensation mechanism, which takes account of the measures already identified with the support of the Committee.
Appendix
List of cases concerned
Application
Case
Judgment of
Final on
604/07+
MANUSHAQE PUTO AND OTHERS
31/07/2012
17/12/2012
DRIZA GROUP
Application
Case
Judgment of
Final on
33771/02
DRIZA
13/11/2007
02/06/2008
7352/03
BESHIRI AND OTHERS
22/08/2006
12/02/2007
6397/04
BUSHATI AND OTHERS
08/12/2009
14/02/2012
08/03/2010
14/05/2012
10810/05
CAUSH DRIZA
15/03/2011
15/06/2011
49106/06
DELVINA
08/03/2011
08/06/2011
16530/06
ELTARI
08/03/2011
15/09/2011
10508/02
GJONBOCARI AND OTHERS
23/10/2007
31/03/2008
45264/04
HAMZARAJ No.1
03/02/2009
06/07/2009
12306/04
NURI
03/02/2009
06/07/2009
38222/02
RAMADHI AND 5 OTHERS
13/11/2007
02/06/2008
35720/04+
VRIONI AND OTHERS[1]
29/09/2009
07/12/2010
29/12/2009
11/04/2011
[1] This application was lodged against Italy and Albania but the European Court found no violation in respect of Italy.
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