Communicated on 14 March 2017
FIRST SECTION
Application no. 62421/11
Ideal Bajram DERVISHI
against Albania
lodged on 3 October 2011
SUBJECT MATTER OF THE CASE
The application concerns the conviction and sentencing of the applicant, who was involved in facilitating illegal migration, to 6 years’ imprisonment and a fine for attempted assistance to illegal border crossing for profit purposes in collusion with others, and use of forged passports (dhënie e ndihmës për kalim të paligjshëm të kufirit me qëllim fitimi në bashkëpunim e mbetur në tentativë dhe përdorim i pasaportave të falsifikuara). The criminal proceedings started on 27 March 2005 when the Prosecutor registered the case and were finalized on 7 November 2011 with the decision of the Constitutional Court. The proceedings before the Supreme Court lasted 2 years, eleven months and five days (11 July 2007–16 June 2010).
The Prosecutor’s bill of indictment contained only charges related to attempted assistance to illegal border crossing, but did not mention the use of forged passports as a separate crime.
QUESTIONS tO THE PARTIES
1. Has there been a breach of Article 6 § 1 of the Convention as regards the overall length of courts’ proceedings, particularly proceedings before the Supreme Court (see Luli and Others v. Albania, nos. 64480/09, 64482/09, 12874/10, 56935/10, 3129/12 and 31355/09, 1 April 2014)?
2. Was the applicant informed promptly, and in sufficient detail of the nature and cause of the accusation against him, in respect of the charge of use of forged passports, as required by Article 6 § 3 (a) of the Convention?
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