Communicated on 22 September 2014

FOURTH SECTION

Application no. 27039/10 Safet SELIMAJ against Albania lodged on 19 April 2010

STATEMENT OF FACTS

The applicant, Mr Safet Selimaj , is an Albanian national, who was born in 1958 and lives in Kukës .

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 the applicant ’ s p lot of land measuring 2,000 sq. m was flooded by the Fierza hydropower plant.

O n 30 June 1994 the Council of Ministers adopted a decision o n the measures to be taken in respect of the flooded households (decision no. 306 of 30 June 1994). That decision was further supplemented by another Council of Ministers ’ decision (no. 413 of 27 July 2000). According to the decisions, the Government allotted 2,433 hectares to serve as in-kind compensation for households whose plots of land had been flooded . The households would be relocated to others parts of the country as designated by those decisions. In addition to in-kind compensation, the households would also be entitled to loans. The lists of recipient households would be drafted by the local authorities. The applicant ’ s name was not on those lists and he did not receive any compensation or loans .

On 22 November 2007 the Ministry of Agriculture, Food and Consumer Protection informed the applicant that it did not have at its disposal any legal document certifying that he had been award ed compensation as a result of the damage caused by the flood to his property.

A letter of 23 August 2008 by the Ujmisht Commune, an administrative entity in the region of Kukës , stated that the applicant had not been an aid recipient of any of the measures provided for in the Government ’ s decision s .

On 2 December 2008 the Ministry of Interior informed the applicant that his request for compensation of damage s caused by the flood was to be addressed in the context of a general solution, as it was recommended by an inter-ministerial group which had been established for this purpose on the strength of a Prime Minister ’ s order.

On 2 July 2010 the Kukës Regional Council ( Këshilli i Qarkut Kukës ) proposed to the Ministry of Interior that households , whose plots of land had been flooded by the Fierza hydropower plant, be given in-kind compensation and loans. A list of 521 names, including the applicant ’ s, was appended to the proposal.

COMPLAINT

The applicant complains under Article 1 of Protocol No. 1 of the Convention about the lack of compensation as a result of the flood of his plot of land measuring 2,000 sq. m by the Fierza hydropower plant .

QUESTIONS TO THE PARTIES

1. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention? The Government are requested to provide domestic case-law as regards the existence of an effective remedy in like cases.

2 . Has the applicant complied with the six-month time-limit laid down in Article 35 § 1 of the Convention? When did the six-month time-limit start to run?

3 . Has there been a disproportionate interference with the applicant ’ s peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1? In particular, has the applicant been awarded any type of compensation as regards the flooding of his property? If not, why not?