CASE OF ALIÇKA 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 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions);Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy)
Kristina Pardalos;Paul Mahoney;Pauliine Koskelo
5. On 30 May 2003 the Gjirokastra Commission recognised, amongst others, the applicants’ inherited property rights over an agricultural land measuring 655,400 sq. m. The applicants and other heirs would be awarded compensation in the sum of 2,297,398 Albanian leks (“ALL”) in respect of the entire land. 6. To date, no compensation has been paid. 7. On 15 September 1995 the Korça Commission recognised, amongst others, the applicant’s inherited property rights over some land measuring 2,800 sq. m of which 300 sq. m were restored. Since the remaining plot measuring 2,500 sq. m, which was situated within the village boundaries and used to be arable land, was occupied, the applicant and other heirs would be compensated in State bonds in the event the buildings located on the land were not privatised (“u kompensohet me obligacion shtetëror sipërfaqja 2,500 m2 ish tokë arë, brenda vijave kufizuese të Zvarishtit, në rast se objektet (...) nuk do të privatizohen”). The Commission stated that the applicant owned one sixths of the land. 8. On 21 December 1998 the Korça Commission recognised, amongst others, the applicant’s inherited property rights over another plot of arable land and meadow measuring 19,796 sq. m. Since the arable land and meadow were occupied, the applicant would be compensated in State bonds equivalent to a financial amount of ALL 36,890. 9. To date, no compensation has been paid. 10. On 10 April 1996 the Tirana Commission recognised, amongst others, the applicant’s inherited property rights over a plot of land measuring 766 sq. m of which 94 sq. m were restored. Since the remaining plot measuring 672 sq. m was occupied, the applicant and other heirs would be compensated in one of the ways provided by law. 11. To date, no compensation has been paid. 12. On 28 August 2000 the Kavaja Commission recognised, amongst others, the applicant’s inherited property rights over two plots of land totalling 17,500 sq. m. Since the plots of land were occupied, the applicant and other heirs would be compensated in kind in respect of a plot measuring 10,000 sq. m and in State bonds in respect of another plot measuring 750 sq. m. No decision was taken in respect of any right to compensation as regards the remaining plot measuring 6,750 sq. m. 13. To date, no compensation has been paid. 14. On 13 December 1996 the Devoll Commission recognised the applicants’ inherited property rights over an agricultural land measuring 27,200 sq. m. The applicants would be awarded compensation by way of State bonds in the sum of ALL 367,000. 15. To date, no compensation has been paid. 16. On 23 June 1995 the Tirana Commission recognised the applicant’s inherited property rights over a plot of land measuring 836 sq. m of which 513 sq. m were restored. Since the remaining plot was occupied, the applicant would be compensated in one of the ways provided by law. 17. On 17 March 2008 the Agency on Restitution and Compensation of Properties amended in part the Commission decision and decided that the applicant would be compensated in one of the ways provided by law even in respect of the plot of land measuring 513 sq. m. 18. To date, no compensation has been paid.