SECRETARIAT GENERAL

SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRETARIAT DU COMITE DES MINISTRES

Contact: Clare Ovey Tel: 03 88 41 36 45

Date: 15/03/2016 DH-DD(2016)298

Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers.

Meeting: 1259 meeting (7-9 June 2016) (DH)

Item reference: Action report (04/03/2016)

Communication from Albania concerning the case of Alimucaj against Albania (Application No. 20134/05)

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Les documents distribués à la demande d’un/e Représentant/e le sont sous la seule responsabilité dudit/de ladite Représentant/e, sans préjuger de la position juridique ou politique du Comité des Ministres.

Réunion : 1259 réunion (7-9 juin 2016) (DH)

Référence du point : Bilan d’action

Communication de l’Albanie concernant l’affaire Alimucaj contre Albanie (Requête n° 20134/05) (anglais uniquement)

ACTION REPORT

Execution of the judgment of the European Court of Human Rights Alimuçaj v. Albania, application n° 20134/05, judgment of 7/02/2012, final on 9/07/2012

I. CASE DESCRIPTION

1.This case concerns an infringement of the principle of legality of criminal offences and punishments, having had imposed on applicant a heavier penalty than the one he was liable for, at the time of the commission of the criminal offence for which he was found guilty and finally sentenced to 20 years’ imprisonment in 2002 (violation of Article 7).

II. INDIVIDUAL MEASURES

Payment of the just satisfaction

2. The European Court awarded the applicant a sum of 8000 euro for non-pecuniary damages. This sum has been paid to the applicant on 16/10/2012.

Pecuniary damage Non Pecuniary Costs and expenses Total damage 8 000 euros 8 000 euros Paid on 16/10/ 20121

3. The applicant was released on 3 May 2010.

1 Negligible delay. Decision of the Council of Ministers no 645, dated 19.09.2012 “On execution of judgment of European Court of Human Rights on the case “Alimuçaj v. Albania”, by order o payment no. 703, date 16.10.2012 4. As regards the imposition of a heavier sentence than the one applicable at the time of the commission of the criminal offence the applicant’s criminal record can be amended, if a new decision of the Supreme Court on the matter is issued. The applicant has the right to address the Supreme Court of the Republic of Albania requesting reopening of his case based on the findings of the European Court of Human Rights on the basis of article 450 of the Constitution and Article 102 of the Albanian Criminal Procedural Code. Reopening of proceedings following a judgment of the European Court became a consolidated practice in the domestic legislation since the decisions of the European Court in the Caka group of cases. The Albanian criminal procedure code does not provide any time limit; Article 449 point 1 sets that such request can be made at any time. Until present, the applicant did not avail himself of this possibility.

5. Having regard to the above, the authorities consider that no further individual measures are necessary.

III. GENERAL MEASURES

6. Under the Albanian law there is a principle of “no punishment without the law”, in line with the provisions of the Criminal Code of the Republic of Albania. In this respect, the jurisdiction, practice and legal framework in Albania has been consolidated and further improved since years 2000-2001 when the impugned domestic court decisions were issued. The Albanian legal framework foresees several legal guaranties to prevent violation of article 7 of the Convention similar to the one found by the European Court in the Alimuçaj case.

7. In particular, the Albanian Constitutional Court3 in its decision of 2004, has held that the judicial power is exercised while ensuring a judicial control by higher courts.

8. In this respect, the professional skills of judges are evaluated at least once every three years by the High Council of Justice. One of the fundamental evaluations criteria is the number of decision that higher court retain for retrial for each judge. In case when the High Council of

2 Which explicitly imposes to the courts the duty to implement the provisions of international treaties where Republic of Albania is a member party. 3 Constitutional Court decision no.11, date 27.05.2004 Justice finds professional insufficiency of judges during their performance, it decides on the judge dismissal based on Article 147 of the Albanian Constitution Act, 9. The Albanian Code of Criminal Procedure in Article 94 guarantees the right of anyone who is unlawfully sentenced to be awarded just satisfaction.

Awareness raising measures

10. The Alimuçaj judgment is now a part of the Albanian legal system, in which Judgments of the European Court have a direct effect based on Articles 122 and 17/2 of the Constitution, and in line with Article 46 of the ECHR. With a view to an effective implementation of the judgment in the Albanian jurisprudence and legal framework by all competent bodies, the judgment has been translated to Albanian language, published in the Official Gazette and disseminated to all relevant judicial authorities. The Official Gazette, apart from the publication in print, is also available for online consultation through the official website of the Center for Official Publications.

11. Taking note of the judgment “Alimuçaj v. Albania” the State Advocate Office has officially requested the Ministry of Justice and the High Council of Justice, emphasizing the findings of the Court decision, to:

• make the necessary recommendations to the domestic courts, in the way that they must implement rigorously the provisions of the Albanian Criminal Law during their practice, in conformity with the provision of article 7 of the European Convention of Human Rights. • undertake any necessary measure to ensure the professional training and strengthening of the capabilities and expertise of the judges with regard to the legal effects of this decision.

12. Official letter has been send to the Constitutional Court, the Supreme Court, the Court of Appeal of Tirana, enclosing a copy of the judgment in the Albanian version. This measure has been implemented with the vision of incorporating the findings and standards set in the current case by all domestic courts.

4 Article 9 “Reinstatement of Rights” Persons who unlawfully processed or punished unjustly, reinstate their rights and are compensated for the damage occurred. 13. The School of Magistrates of Albania organizes initial and continuous training on a periodical basis. The program of training for judges for the period 2012-2015 intended to provide a broad coverage of the topics enclosed in the judgments of the European Court, including the findings of the Court in the present case.

IV. CONCLUSION

15. In view of the above, the Government consider that the measures adopted fully redressed the violation in the present case and will effectively prevent similar once in the future. Accordingly, the Government is of the opinion that there is no need for any further individual and general measures to be implemented for the execution of this judgment and requests for a closure of supervision of the case “Alimuçaj v. Albania” application n° 20134/05.