CASE OF KARAGJOZI AND OTHERS v. ALBANIA
Violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy);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)
Krzysztof Wojtyczek;Ledi Bianku;Paul Mahoney
5. On 20 March and 3 October 1996 the Tirana Commission on Restitution and Compensation of Properties (“the Commission”) recognised the applicants’ inherited title to a plot of land measuring 1,214 sq. m. Since the plot of land was occupied by two buildings which housed foreign embassies, the applicants would be compensated in one of the ways provided for by law. 6. The Commission decision remains unenforced. 7. On 28 March 1995 the Mat Commission recognised the applicant’s title to a plot of land measuring 7,984 sq. m, of which 4,797 sq. m were restored. Since 3,187 sq. m were occupied, the applicant would be compensated in State bonds. 8. The Commission decision remains unenforced. 9. On 27 December 1996 the then Court of Cassation dismissed an appeal by the applicant against the lower courts’ refusal to rule in favour of his property claim in respect of a different plot of land measuring 11,112 sq. m. 10. On 29 August 1995 the Tirana Commission recognised the applicant’s inherited title to a plot of land measuring 1,154.62 sq. m. Since a stadium had been constructed on the plot of land, the applicant would be compensated in one of the ways provided for by law. 11. The Commission decision remains unenforced. 12. On 28 December 1994 the Tirana Commission recognised the applicant’s inherited title to a plot of land measuring 8,900 sq. m, of which 7,727 sq. m were to be restored. Since 1,173 sq. m were occupied, the applicant would be compensated in kind in accordance with the law. 13. However, the plot of land measuring 7,727 sq. m was occupied by buildings belonging to the Urban Transportation Company (“UTC”) pursuant to a sale contract of 1994 concluded between the UTC and the National Privatisation Agency. The Commission indicated that, pursuant to the law, the UTC was obliged to pay rent to the applicant on the basis of a contract to be concluded between the two parties. 14. On 25 November 1996 the UTC sold the buildings and the plot of land to a third party, which was subsequently placed under compulsory administration. Following judicial proceedings instituted by the administrators against the Commission decision that had restored the applicant the plot of 7,727 sq. m, the domestic courts annulled that part of the Commission decision and decided that the applicant would be compensated in one of the forms provided for by law. The applicant’s appeals were rejected by the Constitutional Court on 15 December 2005 and 18 July 2006. 15. Meanwhile, between 2003 and 2004 the applicant sold three plots of land, all measuring 2,558 sq. m, to third parties. 16. On 12 November 2007 the applicant informed the Registry that the authorities had allowed construction to begin on four buildings on his plot of land. 17. The Commission decision, as amended by the later court decisions, remains unenforced as regards a plot of land measuring 6,342 sq. m. 18. On 12 December 1994 the Vlora Commission recognised the applicants’ inherited title to a plot of land measuring 3,600 sq. m, of which two warehouses and two plots of land, both measuring 820 sq. m, were restored. Since 2,240 sq. m were occupied by buildings, the applicants would be compensated in one of the ways provided for by law. 19. The Commission decision remains unenforced. 20. On 12 November 1993 the Korça Commission recognised the applicants’ inherited title to a plot of land measuring 2,250 sq. m of which 278 sq. m were restored. Since the remaining 1,972 sq. m were occupied, the applicant would be compensated in State bonds. 21. The Commission decision remains unenforced. 22. On 22 August 1996 the Tirana Commission recognised the applicants’ inherited title to a plot of land measuring 10,056.7 sq. m. Since the plot of land was occupied by a national park, the applicants would be compensated in one of the ways provided for by law. 23. The Commission decision remains unenforced. 24. On 9 March 1996 the Durrës Commission recognised the applicants’ and inherited title to a plot of land measuring 12,000 sq. m. It decided that the applicants would be compensated in State bonds in respect of 4,950 sq. m and in-kind in respect of 5,000 sq. m. No other decision was taken as regards the remaining 2,050 sq. m. In fact, 600 sq. m were restored to the applicants. 25. The Commission decision as regards compensation in respect of 9,350 sq. m remains unenforced. 26. On 30 August 1995 the Tirana Commission recognised the applicant’s and other relatives’ inherited title to a plot of land measuring 1,100 sq. m, of which 142 sq. m were restored. Since 958 sq. m were occupied, the applicant would be compensated in one of the ways provided for by law. It would appear that, despite the latter aspect of the decision about the 958 sq. m, a building permit was granted to a third party by the Municipality of Tirana on 7 March 1997 for the construction of a 9-storey building. The applicant’s requests of 19 February and 4 April 2008 to the Municipality for a copy of the relevant file remain unanswered. 27. The applicant has not yet received any compensation in respect of that plot of land. 28. On an unspecified date in 2008 the applicant lodged a compensation claim with the Agency. 29. On 3 March 2009 the Agency dismissed his claim owing to the lack of funds. 30. The Government submitted that in 2009 the applicant and his relatives applied for and received compensation in the amount of ALL 6,000,000 in respect of another plot of land from the Financial Compensation Fund. 31. On 3 October 1995 the Shkodër Commission restored the applicants’ inherited title to three plots of land measuring 4,910 sq. m, 1,880 sq. m and 1,640 sq. m, respectively, totalling 8,430 sq. m. It further decided that the applicants would be compensated in one of the ways provided for by law in respect of another plot of land measuring 2,833 sq. m. Finally, it recognised the applicants’ right to first refusal of a further plot of land measuring 14,537 sq. m. 32. The applicants’ title to the plots of land measuring 8,430 sq. m were recorded in the mortgage office. Using their right to first refusal, the applicants bought a number of parcels of land and buildings, totalling 2,194 sq. m, which were also recorded in the mortgage office. It would appear that the applicants had been unable to enjoy possession of their properties, because they had been occupied by third parties. 33. On an unspecified date in 1999 the third parties challenged the applicants’ property title as awarded by the Commission decision of 1995. In the meantime, on 17 February 1999, following the applicants’ request, the Shkodër District Court delivered an injunction against the third parties requiring them to stay the construction works on the applicants’ properties (masa e sigurimit për pezullimin e punimeve të ndryshme). On 18 February 1999 the bailiff drew up a report by which the third parties were informed of the injunction order against the continuation of the construction works (nga ana jonë ju komunikua që sot e tutje të mos bëjë ndërtime të ndryshme në këtë objekt ku në të kundërt do mbajë përgjegjësi ligjore). On 2 February 2001 the third parties’ action was finally dismissed by the Supreme Court. 34. To date, the applicants have not benefited from any amount of compensation in respect of the plot measuring 2,833 sq. m. Furthermore, their plots of land as well as buildings remain occupied by the third parties’ unlawful actions.