Resolution CM/ResDH(2018)349
Execution of the judgments of the European Court of Human Rights
16 cases against Albania
(Adopted by the Committee of Ministers on 20 September 2018
at the 1324th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
604/07+
MANUSHAQE PUTO AND OTHERS
31/07/2012
04/11/2014
17/12/2012
23/03/2015
25408/06+
KARAGJOZI AND OTHERS
08/04/2014
08/04/2014
30264/08+
METALLA AND OTHERS
16/07/2015
16/07/2015
32382/11
KARAGJOZI AND OTHERS
07/04/2016
07/04/2016
33839/11
HALIMI AND OTHERS
07/04/2016
07/04/2016
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
21/05/2013
08/06/2011
07/10/2013
16530/06
ELTARI
08/03/2011
10/06/2014
15/09/2011
10/09/2014
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
29/09/2009
07/12/2010
29/12/2009
11/04/2011
37295/05+
SILIQI AND OTHERS
10/03/2015
10/03/2015
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 § 1, Article 13 and Article 1 of Protocol No. 1 on account of a structural problem of the absence of an adequate mechanism to honour the commitment made by the State to compensate for property nationalised under the communist regime and to enforce final domestic judicial and administrative decisions recognising the right to compensation (pecuniary or in kind);
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 invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgments (see document DH-DD(2018)793);
Having noted that the government of the respondent State paid the applicants the just satisfaction provided for in the judgments and secured enforcement of relevant final domestic decisions in the cases where no just satisfaction was awarded in respect of pecuniary damage;
Recalling with satisfaction the major efforts deployed by the Albanian authorities to abide by the judgments of the Court and honour their undertaking to provide compensation for property nationalised under the Communist regime, and to put an end to the long-standing absence of any effective mechanism to this end and noting in particular the sustained political, financial and technical support provided since 2014;
Welcoming the ensuing adoption of a new compensation mechanism in 2015 and its successful implementation in practice;
Recalling in this connection the fruitful co-operation between the Albanian authorities and the Council of Europe in the process of designing and implementing the compensation mechanism with the support of the Human Rights Trust Fund;
Noting that the new compensation mechanism has also been positively evaluated by the Venice Commission and accepted by the Albanian Constitutional Court;
Noting further the significant results already obtained in the process of evaluation of claims and the number of final decisions issued and enforced so far, as well as the very significant resources allocated from the State budget to cover payment of all compensation claims (with a Financial Fund of 50 billion Albanian Leks and a Land Fund estimated at 99 billion Albanian Leks – a total of about 1.2 billion Euros);
Noting finally that the implementation of Law No. 133 of 5 December 2015, including respect of the relevant deadlines, is closely monitored by new national mechanisms which have proven effective;
Having thus satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted in the above respects;
Noting in addition that the general measures required in response to other violations of Article 6 of the Convention, namely related to the lack of legal certainty and the absence of impartiality of the Supreme Court were examined in the framework of the Caka group of cases (application No. 44023/02), which was closed by Resolution CM/ResDH(2017)417 of 7 December 2017;
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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