Interim Resolution CM/ResDH(2023)424

Execution of the judgment of the European Court of Human Rights

Sharxhi and Others against Albania

(Adopted by the Committee of Ministers on 7 December 2023 at the 1483 rd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

10613/16

SHARXHI AND OTHERS

11/01/2018

28/05/2018

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 judgment of the Court finding violations of Articles 6, paragraph 1, 8, 13 and Article 1 of Protocol No. 1 of the Convention, due to the unlawful expropriation and demolition of the applicants’ flats and business premises in disregard of an interim court order restraining the authorities from taking any action that could breach the applicants’ property rights;

Underlining that Albania has the unconditional obligation, under Article 46, paragraph 1, of the Convention, to abide by the final judgments of the Court in any case to which it is a party fully, effectively and promptly and that this obligation is binding on all State authorities;

Recalling that this obligation requires 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, including payment of any sums awarded by the Court;

Expressing deep concern at the prolonged failure of the authorities for over five years to secure payment of the just satisfaction awarded by the Court, the absence of communication with the applicants and their representatives in that regard and the persistent lack of clarity as to when the payment could be ensured, despite the Committee’s previous requests to secure the payment, with default interest, without any further delay;

EXHORTED the authorities to take, as a matter of urgency, all necessary action with a view to ensuring that full payment of the just satisfaction is made, together with default interest up to the date of the payment;

URGED them to seek to involve the applicants or their representatives, to the appropriate extent, in discussions concerning the payment;

REQUESTED them to inform the Committee of the measures taken for ensuring payment of the just satisfaction, without any further delay and in any event by 31 March 2024.