CASE OF LULI 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)
Krzysztof Wojtyczek;Ledi Bianku;Paul Mahoney
4. The applicant was born in 1961 and lives in Tirana. 5. On 31 May 1996 the Tirana Commission recognised the applicant’s and other heirs inherited title to a plot of land measuring 23,500 sq. m, of which 5,000 sq. m were restored (“the first Commission decision”). They would be compensated by way of an equivalent plot of land within their property (i njihet dhe i kthehet ish pronarit pronësia mbi këtë truall duke kompensuar me truall ekuivalent brenda truallit të tij) in respect of a plot of land measuring 966 sq. m (“the first plot of land”), of which 188 sq. m were occupied with illegal constructions. The occupiers were entitled to buy the plot of land measuring 188 sq. m or rent it on the basis of an agreement to be concluded between the parties. It also recognised the right of first refusal of a public building measuring 444 sq. m situated within the plot of land measuring 966 sq. m. It further decided that the applicant and other heirs would be compensated in one of the ways provided for by law in respect of another plot of land measuring 3,961 sq. m (“the second plot of land”). Finally, it decided to examine the applicant’s and other heirs’ inherited property right in respect of the remaining plot of land measuring 13,454 sq. m at a later stage (“the third plot of land”). To date, no Commission decision has been taken in respect of the remaining plot of land measuring 13,454 sq. m. 6. On 30 April 1997 the applicant’s and other heirs’ inherited title over a plot of land measuring 6,154 sq. m, of which the first plot of land was part, was registered into the land register. The relevant data entered in the land register reads as follows: “On 30 April 1997 is registered into the land register an unoccupied plot of land measuring 5,000 sq. m; an unoccupied plot of land measuring 966 sq. m, which was compensated by way of an equivalent plot of land within their property ...” To date, the applicant has not been provided with any compensation concerning the first and second plots of land. 7. On the same day, the Tirana Commission, by virtue of another decision (“the second Commission decision”), recognised the applicant’s and other heirs’ inherited title to another plot of land measuring 2,900 sq. m (“the fourth plot of land”). Since the entire plot of land was occupied, it decided that the applicant and other heirs would be compensated in one of the ways provided for by law. To date, the applicant has not been provided with any compensation.