THIRD SECTION
DECISION
Application no. 945/16
Petrit PONARI
against Albania
(see appended table)
The European Court of Human Rights (Third Section), sitting on 24 February 2022 as a Committee composed of:
Peeter Roosma, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 18 December 2015,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table. He was represented by Mr B. Peka, a lawyer practising in Tirana.
The applicant’s complaints under Article 6 § 1 and Article 13 of the Convention concerning the non-enforcement of domestic decision were communicated to the Albanian Government (“the Government”).
THE LAW
After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application in accordance with Article 37 of the Convention
The Government acknowledged that the non-enforcement of domestic decisions had violated the applicant’s rights guaranteed by Article 6 § 1 of the Convention. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The Government also undertook to ensure the enforcement of the domestic decision under consideration in the case within the same three-month period.
The payment and the enforcement of the domestic decision will constitute the final resolution of the case.
The applicant was sent the terms of the Government’s unilateral declaration several weeks before the date of this decision. He did not accept the terms of the declaration.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
The Court has established clear and extensive case-law concerning complaints relating to the non-enforcement or delayed enforcement of domestic decisions (see, for example, Qufaj Co. Sh.p.k. v. Albania, no. 54268/00, 18 November 2004 and Gjyli v. Albania, no. 32907/07, 29 September 2009).
Noting the admissions contained in the Government’s declaration as well as their undertaking to enforce the final decision and in view of the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the relevant part of the application (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the application out of the list of cases as regards the complaint under Article 6 § 1 of the Convention.
The applicant further complained under Article 13 of the Convention about the lack of an effective remedy in respect of non-enforcement of domestic decisions. Having regard to the facts of the case, the Government’s unilateral declaration and the Court’s decision to strike out the complaint under Article 6 § 1 of the Convention, the Court considers that the main legal question raised in the present application has been resolved. It concludes, therefore, that there is no need to examine this part of the application.
For these reasons, the Court, unanimously,
Takes note of the terms of the respondent Government’s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the application out of its list of cases as regards the complaint under Article 6 § 1 of the Convention in accordance with Article 37 § 1 (c) of the Convention;
Decides that there is no need to examine the remaining complaint.
Done in English and notified in writing on 17 March 2022.
Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(non-enforcement or delayed enforcement of domestic decisions)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of the Government’s declaration
Amount awarded for non-pecuniary damage and costs and expenses
(in euros)[1]
945/16
18/12/2015
Petrit PONARI
1963
Peka Besim
Tirana
05/10/2021
2,350
[1] Plus any tax that may be chargeable to the applicant