CASE OF SHARRA AND OTHERS v. ALBANIA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court);Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Ledi Bianku;Nona Tsotsoria;Paul Mahoney
7. On 28 December 1994 the Vlora Commission on Property Restitution and Compensation (“the Commission”) recognised the applicant’s and other heirs’ inherited title to a number of plots of land measuring 46,750 sq. m, of which 900 sq. m were restored to them. As the remaining plot of land was occupied, the Commission decided that the applicant and the other heirs would be compensated in one of the ways provided for by law in respect of 45,850 sq. m. The Commission could not determine the boundaries of a plot of land measuring 13,750 sq. m and did not decide on the recognition of the applicant’s inherited property rights. 8. On 8 March 2011 the Court delivered its judgment in the case of Eltari v. Albania, no. 16530/06 as regards the authorities’ failure to pay compensation in respect of a plot measuring 10,500 sq. m, which was part of the Commission decision. 9. To date, no compensation has been paid. 10. On 21 March 1996 the Lushnjë Commission recognised the applicants’ inherited property rights over a plot of land measuring 576 sq. m. Since the plot of land was occupied, the applicants would be compensated in one of the ways provided by law. The applicants submitted that they were the remaining heirs of the above plot of land in respect of which the Court had already delivered the judgment in the case of Hamzaraj v. Albania (no. 1) (no. 45264/04, 3 February 2009). 11. To date, no compensation has been paid to the applicants. 12. On 18 May 1995 the Tirana Commission recognised the applicants’ inherited property rights over a plot of land measuring 1,000 sq. m. It ordered that the plot of land should be entirely restored to the applicants. On 11 February and 14 December 2000 the Tirana District Court and the Tirana Court of Appeal amended the Commission decision and ordered that the applicants would be compensated in one of the ways provided for by law of which 200 sq. m were restored to them. Since the remaining plot of land measuring 800 sq. m was occupied, the applicants would be compensated in one of the ways provided by law. 13. To date, no compensation has been paid. 14. On 13 September 1996 the Tirana Commission recognised, amongst others, the applicants’ inherited property rights over a plot of land measuring 16,500 sq. m. Since the plot of land was occupied, the applicants would be compensated in one of the ways provided by law. 15. To date, no compensation has been paid. 16. On 25 October 1995 the Tirana Restitution and Compensation of Properties Commission (“the Commission”) recognised, amongst others, the applicants’ inherited property rights over a plot of land measuring 150,000 sq. m of which 29,700 sq. m were restored to them. Since the remaining plot land measuring 120,300 sq. m was occupied, the applicants would be compensated in one of the ways provided by law. 17. To date, no compensation has been paid. 18. On 10 December 1999 the Korçë Commission recognised the applicants’ inherited property rights over a plot of land measuring 11,000 sq. m of which 10,100 sq. m were to be compensated in one of the ways provided by law. 19. To date, no compensation has been paid. 20. On 23 October 1996 and 24 April 1998 the Korçë Commission recognised the applicant’s inherited property rights over a plot of land measuring 9,950 sq. m. Since the plot of land was occupied, the applicants would be compensated in one of the ways provided by law. 21. To date, no compensation has been paid. 22. On 7 July 2006 the Tirana Commission recognised the applicants’ inherited property rights over a plot of land measuring 800 sq. m. Since the plot of land was occupied, the applicants would be compensated in one of the ways provided by law. 23. To date, no compensation has been paid. 24. On 28 February 1995 the Tirana Commission recognised the applicant’s inherited property rights over a plot of land measuring 335 sq. m of which 162 sq. m were restored to him. Since the remaining plot land measuring 173 sq. m was occupied, the applicant would be compensated in one of the ways provided by law. 25. To date, no compensation has been paid. 26. On 28 February 1995 the Tirana Commission recognised the applicants’ inherited property rights over a plot of land measuring 910 sq. m of which 630 sq. m were restored to them. Since the remaining plot land measuring 280 sq. m was occupied, the applicants would be compensated in one of the ways provided by law. 27. To date, no compensation has been paid. 28. On 21 December 1995 and 22 April 1996 the Berat Commission recognised the applicant’s inherited property rights over a plot of land measuring 3,435 sq. m of which 130 sq. m were restored to him. Since the remaining plot land measuring 3,305 sq. m was occupied, the applicant would be compensated in one of the ways provided by law. 29. To date, no compensation has been paid. 30. On 10 August 2007 the Agency for Restitution and Compensation of Property (“the Agency”), which had replaced the Commission, recognised the applicant’s inherited property rights over a plot of land measuring 14,400 sq. m located in Vlora. Since the plot of land was occupied, the applicant would be compensated in one of the ways provided by law. 31. To date, no compensation has been paid.