Communicated on 21 September 2017

SECOND SECTION

Application no. 80544/12 Fredi ALIAJ against Albania lodged on 16 November 2012

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s conviction for murder committed in aggravating circumstances ( vrasje në rrethana të tjera cilësuese ) and sentence to 23 years ’ imprisonment . The criminal proceedings were held in absentia before the domestic courts, where the applicant was represented by a lawyer chosen by his mother, allegedly without his knowledge. The applicant was represented by a lawyer of his own choosing only before the Constitutional Court, where he complained about his trial in absentia . He complains of a violation of his rights under Article 6 §§ 1 and 3 of the Convention given that the proceedings against him were held in his absence and that he was not given the opportunity to have a lawyer of his own choosing.

QUESTIONS tO THE PARTIES

1. Having regard to the fact that the applicant was tried and convicted by the Albanian courts in absentia , do those facts disclose a breach of Article 6 of the Convention (see, in this connection, Sejdovic v. Italy [GC], no. 56581/00, ECHR 2006-...; Izet Haxhia v. Albania , no. 34783/06 , § 60, 5 Novembre 2013, Shkalla v. Albania , no. 26866/05, 10 May 2011 ?

2. Was the applicant able to defend himself through legal assistance of his own choosing, as required by Article 6 § 3 (c) of the Convention?