FLASH
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The European Court of Human Rights (ECHR) has condemned Albania for violating the right to a trial within a reasonable time, stressing that unjustified delays in domestic courts undermine trust in the rule of law.
The decision, taken in the case of ARB SHPK and others v. Albania, highlights the urgent need for deep reforms and concrete measures by the Albanian authorities. At the heart of the ECHR decision is the finding that judicial proceedings in Albania often exceed any acceptable time limit, writes A2 CNN. In the case in question, the judicial process dragged on for more than 10 years, with files remaining in the Supreme Court for periods of 7 to 8 and a half years, and was considered a flagrant example of this problem.
These delays were considered by the Strasbourg Court to be in clear violation of the standards of Article 6 of the European Convention on Human Rights.
Another case illustrating this alarming situation is that of Mr. Selman Gazidedja. His case for the benefit of a miner's pension remains unresolved after almost 9 years since its initiation. Ironically, although the Constitutional Court had ordered the examination of the case within 6 months and Mr. Gazidedja had won a decision for compensation, the latter has not yet been executed. For this reason, the ECHR also found in his case a violation of Article 13 of the Convention, which guarantees the right to an effective remedy.
Beyond the specific sentence, the Strasbourg Court, referring to Article 46 of the Convention, has strongly urged the Albanian authorities to take immediate measures to address these systemic problems. The demands include reducing the enormous backlog of cases in the courts of appeal and the Supreme Court, filling vacant judge positions and ensuring the necessary human and logistical resources for the normal functioning of the judicial system. The ECtHR warned that frequent justifications for delays, such as a lack of judges or workload, cannot serve as a pretext to violate citizens’ fundamental rights to swift and efficient justice.
As a result of the violations found, the Court decided that the company ARB SHPK should be compensated with 5,700 euros for non-pecuniary damage and 3,000 euros for legal expenses, while Mr. Selman Gazidedja will receive 1,800 euros for non-pecuniary damage and 2,000 euros for expenses./ A2CNN
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