CASE OF SILIQI 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)
George Nicolaou;Krzysztof Wojtyczek;Ledi Bianku
4. The applicants were born in 1937, 1933, 1941 and 1934, respectively, and live in Albania and the United States of America. 5. On 30 December 1994 the Tirana Restitution and Compensation of Properties Commission (“the Commission”) recognised, amongst others, the applicants’ inherited property rights over a plot of land measuring 2,461.97 sq. m and decided to restore the property. Since buildings had been constructed on the land by a third party, the Commission ruled that the third party should pay rent for the land or re-purchase the land pursuant to an agreement to be entered into between the parties. It also recognised the applicants’ right to first refusal of the buildings. 6. On 18 February 1997 the applicants lodged a civil claim with the Tirana District Court seeking the annulment of a 1996 sale contract entered between the State and the third party over two plots of lands measuring 197 sq. m and 195 sq. m, which they claimed to own. The applicants also sought the payment of rent by the third party pursuant to the 1993 Property Act. In the same set of proceedings, the third party lodged a counter action requesting the partial annulment of the Commission decision. 7. On 24 April 2002 the Supreme Court gave a final decision dismissing the applicants’ claims. It also dismissed their right to first refusal as regards the buildings on the plots of land which had been granted by the Commission. It decided that the applicants are entitled to compensation in respect of the plot of land measuring 2,461.97 sq. m to be determined in accordance with the 1993 Property Act. 8. On 22 October 2004 the Constitutional Court, sitting as a full bench, found no violation of the applicants’ right to a fair trial. 9. To date, no compensation has been paid.