Communicated on 10 February 2015

FOURTH SECTION

Application no. 47105/08 Gavrilo KOLECI against Albania lodged on 22 September 2008

STATEMENT OF FACTS

The applicant, Mr Gavrilo ( Gazmir ) Koleci , is an Albanian national, who was born in 1978 and is currently serving a prison sentence in the Lezhë prison. He is represented before the Court by Mr A. Shehu , a lawyer practising in Tirana.

A. The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

On an unspecified date in 1997 the applicant claims that he changed his first name from Gazmir to Gavrilo .

On 17 July 2003 a person was wounded by a shot fired at a bar in Tirana. The initial investigation indicated that Gazmir Koleci was suspected of having committed the offences of attempted voluntary murder and illegal possession of weapons.

On 24 October 2003 the District Court of Tirana ordered detention pending trial against Gazmir Koleci . However, that decision could not be enforced as the applicant had become untraceable.

On 24 December 2003 the District Court declared the applicant a “fugitive” (“ deklarimin e ikjes ”) after unsuccessful attempts to locate him. The decision stated that the police had tried unsuccessfully to trace him in his apartment and other locations where it was suspected that he could be located. It further appointed a lawyer for the applicant ’ s representation. The applicant was identified as Gazmir Koleci , born in Mat in 1979.

On 4 October 2004 the District Court convicted the applicant in absentia of illegal possession of weapons. He was sentenced to three years ’ imprisonment.

On 11 March 2005 the Court of Appeal reversed in part the District Court ’ s decision. It convicted the applicant of illegal possession of weapons and attempted voluntary killing. It sentenced him to six years ’ imprisonment.

The applicant ’ s family-appointed lawyers appealed against the conviction to the Supreme Court. They complained, inter alia , that the applicant had not been notified of the proceedings in accordance with the law.

On 13 January 2006 the Supreme Court dismissed, in camera, the applicant ’ s appeal, no reasons having been given.

On 19 June 2007, the applicant was informed of his conviction. Subsequently, he made himself available to the authorities.

On an unspecified date the applicant authorised a lawyer to introduce a constitutional appeal with the Constitutional Court. The lawyer stated that the applicant had been tried in absentia and that he had never been informed of the criminal proceedings against him and his conviction. He alleged that he had changed his first name from Gazmir to Gavrilo in 1997, whereas the criminal proceedings had been instituted in 2003 against a person named Gazmir who did not exist at the time. He also contended that the Court of Appeal failed to inform him pursuant to Article 140 of the CCP. He was not a fugitive but at large bearing the name Gavrilo Koleci .

On 2 April 2008 the Constitutional Court dismissed, in camera , the applicant ’ s constitutional appeal, no reasons having been given.

B. Relevant domestic law and practice

Relevant domestic law and practice have been described in detail in the judgment of Shkalla v. Albania , no. 26866/05, § 28 and 32, 10 May 2011.

Other relevant provisions, in so far as this case is concerned, were provided for in the Civil Status Act (law no. 5840 of 20 February 1979 as amended by law no. 7682 of 9 March 1993), which has been abrogated. According to the Civil Status Act, a person could make an application for change of the first name to the City Hall Council ( Këshilli i Bashkisë ) or Commune Council ( Këshilli i Komunës ) , which was to take a decision on the basis of reasons given. The Civil Status Office ( Zyra e Gjendjes Civile ) was notified of the change for the purposes of making changes to the civil registry. The Military ( Mobilisation ) Office ( Dega Ushtarake ) and the Criminal Records Office ( Zyra e Gjendjes Gjyqësore ) of the Ministry of Justice were notified of the change within 10 days.

COMPLAINT

The applicant complains under Article 6 § 1 of the Convention about the unfairness of the criminal proceedings in absentia .

QUESTION TO THE PARTIES

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