CASE OF HYSI v. ALBANIA
Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing)
Jon Fridrik Kjølbro;Ledi Bianku;Nebojša Vučinić;Paul Lemmens;Robert Spano;Stéphanie Mourou-Vikström
6. The applicant was born in Qesarat, Tepelenë, in 1977. He is currently serving a prison sentence. 7. On 14 January and 10 November 2005, following proceedings in absentia, the Gjirokastër District Court and the Court of Appeal, respectively, convicted the applicant of attempted theft resulting in death in collusion with others and sentenced him to seventeen years’ imprisonment. That decision became final on 9 February 2007 after the Supreme Court dismissed an appeal by the applicant’s lawyer. It appears that the applicant was represented by a lawyer appointed by his family throughout the court proceedings. 8. It appears that on 30 March 2007 the applicant was extradited from Greece to Albania. 9. On 3 May 2007 the Gjirokastër District Court allowed a request by the applicant to appeal out of time and he lodged an appeal against his conviction in absentia. 10. On 12 November 2007 the Gjirokaster Court of Appeal while requalifying the charges against the applicant on the basis of the evidence obtained during the proceedings in absentia, upheld the applicant’s conviction, ruling that it had become res judicata. 11. By a final decision of 7 October 2009 the Supreme Court upheld the applicant’s conviction as decided in the Gjirokastër District Court’s decision of 2005, ruling that it had become res judicata and that the facts and law in the case had been examined previously. It further noted that leave to appeal out of time should not have been granted as the case had become res judicata. 12. On 21 February 2011 the applicant lodged a constitutional appeal with the Constitutional Court against the Supreme Court’s decision, complaining, inter alia, about the fact that the domestic courts had not given him the possibility of a fresh factual and legal determination of the criminal charge. 13. On 9 May 2011 the applicant’s lawyer was notified of the Constitutional Court’s decision to dismiss his appeal.