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CASE OF MANUSHAQE PUTO AND OTHERS AGAINST ALBANIA AND 15 OTHER CASES

Doc ref: 604/07, 43628/07, 46684/07, 34770/09, 25408/06, 30264/08, 32382/11, 33839/11, 33771/02, 7352/03, 639... • ECHR ID: 001-186853

Document date: September 20, 2018

  • Inbound citations: 206
  • Cited paragraphs: 10
  • Outbound citations: 0

CASE OF MANUSHAQE PUTO AND OTHERS AGAINST ALBANIA AND 15 OTHER CASES

Doc ref: 604/07, 43628/07, 46684/07, 34770/09, 25408/06, 30264/08, 32382/11, 33839/11, 33771/02, 7352/03, 639... • ECHR ID: 001-186853

Document date: September 20, 2018

Cited paragraphs only

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 1324 th 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 l ack 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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