Communicated on 26 January 2018
SECOND SECTION
Application no. 1049/17
Rajmonda NIKA and others
against Albania
lodged on 22 December 2016
SUBJECT MATTER OF THE CASE
The application concerns the alleged lack of an effective investigation into the death of the applicants’ family members during a protest that took place on 21 January 2011. The applicants complain that they were denied access to the investigation file, that the criminal proceedings were not concluded within a reasonable time, and that the respondent State failed to comply with its positive obligations under Article 2 of the Convention by providing the applicants with a remedy capable of establishing the facts, holding accountable those at fault for their family member’s death and providing appropriate redress.
QUESTIONS tO THE PARTIES
1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?
2. Has there been a breach of the applicants’ rights under Articles 2 and 13 of the Convention? In particular, did the authorities conduct an effective investigation into the death of the applicants’ relatives as required by Article 2 of the Convention (see, for example, Armani Da Silva v. the United Kingdom [GC], no. 5878/08, ECHR 2016)? Were the applicants involved in the investigation (see, for example Mikhalkova and Others v. Ukraine, no. 10919/05, § 43, 13 January 2011 and Anusca v. Moldova, no. 24034/07, § 39, 18 May 2010)?
The Government are invited to provide information about the progress made in the criminal proceedings and to submit a copy of the investigation file.
APPENDIX
Rajmonda NIKA is an Albanian national who was born in 1984, lives in Lezhe Amelia NIKA is an Albanian national who was born in 2009, lives in Lezhe Mentila NIKA is an Albanian national who was born in 2010, lives in Lezhe
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