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Committee of Ministers Secrétariat Du Comité Des Ministres SECRETARIAT / SECRÉTARIAT SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRÉTARIAT DU COMITÉ DES MINISTRES Contact: Zoe Bryanston-Cross Tel: 03.90.21.59.62 Date: 14/04/2020 DH-DD(2020)325 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: 1377th meeting (June 2020) (DH) Communication from the authorities (09/04/2020) in the LULI AND OTHERS group of cases v. Albania (Application No. 64480/09) Information made available under Rule 8.2a of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements. * * * * * * * * * * * 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 : 1377e réunion (juin 2020) (DH) Communication des autorités (09/04/2020) relative au groupe d’affaires LULI ET AUTRES c. Albanie (requête n° 64480/09) [anglais uniquement] Informations mises à disposition en vertu de la Règle 8.2a des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables. DH-DD(2020)325: Communication from Albania. 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. DGI 09 AVR. 2020 SERVICE DE L’EXECUTION DES ARRETS DE LA CEDH REPUBLIKA E SHQIPÈRISË STATE ADVOCATE OFFICE OF GENERAL STATE ADVOCATE No.l( I tr'3J/ Prot. Tirana, on~ . V4.2020 To: Ms Corinne Amat - Head of Division Department for the Execution of Judgments of the ECHR DGI - Directorate General of Human Rights and Rule of Law Council of Europe 67075 Cedex Strasbourg France Ref: On the Execution ofECtHRjudgments and update on the Action Plans Dear Madam, Following the cooperation between the Government of Albania and the Department of Execution of Judgments of the European Court of Human Rights, relating to the matter of submission of updates on the action plans and action reports, please find attached an update on the individual and general measures regarding Luli and others group v.Albania (Application No.64480/09). Expressing my highest consideration, Yours sincerely, ENKELEJDA -Br/' ~7rrn n~_,P,,__,'o/;~~ :.,,_ GENERAL 'I' ,_1 ,• ' o,'<-'j) y .... -.......:....::.. ' - DH-DD(2020)325: Communication from Albania. 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. UPDATE INFORMATION ON THE INDIVIDUAL AND GENERAL MEASURES Application Case Judgment Final on lndicator for of the classification 64480/09+ LULI AND OTHERS (LEAD) 01/04/2014 01/07/2014 Complex 10508/02 GJONBOÇARI AND OTHERS 23/10/2007 31/03/2008 problem 5250/07 BICI 03/12/2015 03/03/2016 32913/03 TOPALLAJ 21/04/2016 21/07/2016 A. INTRODUCTION 1. The cases in this Group concem administrative and judicial disputes before various administrative bodies and various levels of jurisdiction and relate to the excessive length of these proceedings and the absence of an effective remedy. On 15.10.2018 the Albanian Govemment submitted an updated Action Report, reflecting the administrative and legislative measures taken by it, as well as their effectiveness. In its 1331 st meeting, the Committee of Ministers for Human Rights, after exammmg the information provided by the Albanian authorities, invited the latter to provide, by 30 June 2019 information on: measures taken to reduce the work of the civil and high courts, in particular with regards to the appointment of judges to fill the vacancies created by the vetting process, including the Constitutional Court; measures taken to address the problem of frequent remittals of cases from higher to lower courts in the framework of criminal proceedings; information on possible retrospective application and statutory limitation on the award of compensation in excess of the value of the lawsuit object. The Albanian Govemment, assessing that in July 2019 there would be significant developments by the new judiciary bodies and to provide more complete and comprehensive information, informed the Department for the Execution of Judgments of the ECtHR, that it would send the required information by the Committee ofMinisters within July 2019. On 31 July 2019, the Govemment prepared and submitted detailed information, as requested at the meeting of the CoE Committee of Ministers. The information included an update of all the issues identified and requested by the Committee. In addition to that information, the Govemment is presenting updated information on the latest developments on individual and general measures in these group of cases. B. INFORMATION RELATED TO INDIVIDUAL MEASURES DH-DD(2020)325: Communication from Albania. 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. In the updated action plan "Luli and Others v. Albania" sent on 31.07.2019, the Authorities provided information to the Committee of Ministers on the execution of other individual measures in the case "Luli and Others v. Albania ", as regards the domestic judicial proceedings' progress. 2. The case "Luli and others v. Albania". The applicants, on 11.02.2015, have submitted before the Durrës District Court a request on "Amendment of decision no. 166, dated 28.02.2011 of the ARCP Tirana ... ", "Amendment of the decision no. 30, dated 16.05.2012, of the ROARCP Durrës ... ", "The partial quashing of decision no. 738, dated 19.12.2003 of the former CRCP Durrës ... ". The trial court was informed of violations found by the Europe an Court and is aware of the necessity to bring the proceedings rapidly to an end to comply with the standards of Article 6 of the Convention. According to the new law no. 133/2015 "On the Treatment of property and finalization of the property compensation procedure", the competent court for the adjudication of the case, under Article 29 of the aforementioned law, is the Durrës Court of First Instance. This case is being examined at this Court. On 27.12.2018 the District Court of Durrës issued the decision no. 2082. This decision was 1 appealed by one of the applicants Luljeta Çelkupa, on 27.02.2019 . Update: The case is under examination before the Durrës Court of Appeai2. The Government will update the Committee ofMinisters on the outcome of the proceeding before the Durrës Appeal Court, as soon as it holds a judgment on the case, at the latest within the forthcoming 6 months. C. INFORMATION RELATED TO GENERAL MEASURES C.1 Administrative measures to properly administer of justice 3. As we have informed, the Albanianjudiciary system, with the help oflnternational organisms, is undergoing a radical transformation process, including the establishment of new judiciary bodies. This reform and the new constitutional changes aim to redefine, especially, the judiciary and the prosecution system, stop the rampant corruption in the field of justice, and break the bonds of judges and prosecutors with politics and crime. Despite the expectations for the positive effects of this process, which are expected to be long­ 3 4 term, from the statistics provided by the Ministry of Justice , the Supreme Court and the High 1 Letter of the Durrës District Court no. 1935, dated on 10.06.2019 'Letter of the Durrës Court of Appeal no. 167/1, dated on 13.02.2020 3 Letter of the Ministry of Justice no.4511 /1, dated on 16.07.2019 DH-DD(2020)325: Communication from Albania. 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. 5 Judicial Council , for the year 2018, there is an increase in the average length of judiciary proceedings and an increase in the volume of accumulated cases. 2018 Registered (New) Completed Back.log District Courts 104,4376 84,495 19,942 Appellate Courts 10,939 7 10,466 11,401 Supreme Courts 8,5368 1,673 28,863 The situation of the judiciary in general, and to the Supreme Court and Constitutional Court in particular, is not a result of actions or non-actions, of decisions or lack of decisions from the Government. The Supreme Court and the Constitutional Court have remained with 1 judge each, as a result of the Justice Reform. Also, until now have been dismissed 68 judges and prosecutors. lt' s for the reasons above that the statistics, exceptionally for the period 2017-2018, does not reflect the efficient general measures taken from the Government. This is an extraordinary and temporary situation and not a permanent one. 4. The excessive length of proceedings and the measures taken for their elimination is one of the priorities of the High Judicial Council, which among others has under its competence, monitoring the work of the courts and their efficiency, giving special importance to the effectiveness of the justice offered by them. With the letter no. 3092/1 Prot., dated on 18.06.2019, the High Judicial Council informs on some of the administrative measures taken to evaluate and reorganize the work of the Courts, inter alia decided: To obtain periodically updated information by the Presidents of the Courts, in terms of court cases, respecting ethics and solemnity, the number of requests for dismissal approved by the President of the Court, and issues related to delays in submission of analyzed decisions.
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