Published on 15 January 2024
THIRD SECTION
Application no. 32893/16
Ylli PINARI
against Albania
lodged on 1 June 2016
communicated on 18 December 2023
SUBJECT MATTER OF THE CASE
The application concerns two issues under Article 6 § 1 of the Convention in the proceedings upon the applicant’s constitutional complaint in the context of criminal proceedings:
- the applicant’s right to an impartial tribunal; and
- the applicant’s right of access to the Constitutional Court.
QUESTIONS TO THE PARTIES
Did the applicant have a fair hearing in the determination of a criminal charge against him, in accordance with Article 6 § 1 of the Convention? In particular:
- Was the Constitutional Court impartial, given the participation of judge G.D. in the applicant’s case before that court (see Hauschildt v. Denmark, 24 May 1989, §§ 50-52, Series A no. 154; Chesne v. France, no. 29808/06, §§ 34-40, 22 April 2010, and Romenskiy v. Russia, no. 22875/02, §§ 26-30, 13 June 2013)?
- Did the Constitutional Court’s decision, rejecting the applicant’s constitutional complaint as being lodged out of time violate the applicant’s right of access to a court as guaranteed by Article 6 § 1 of the Convention (see Supergrav Albania Shpk v. Albania, no. 20702/18, §§ 16-31, 9 May 2023)?
The Government are invited to submit the case files of the Supreme Court and the Constitutional Court as well as all decisions concerning the applicant’s detention.