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According to the bailiff's office, it was impossible to enforce it since the child was not in Albania. The European Court noted that Albania had not ratified the relevant international instruments on securing the reunion of parents with their children, including the Hague Convention of on the Civil Aspects of International Child Abduction. However, irrespective of that, the Court found that the Albanian legal system, as it stood, provided no alternative framework affording the applicant the practical and effective protection required by the state's positive obligation enshrined in Article 8.
General measures : The European Court observed that under Albanian law there was no specific remedy to prevent or punish cases of abduction of children from the territory of Albania. In that respect, the Court recalled that the Convention, although not imposing on states the obligation to ratify international conventions, required them to take all necessary measures to secure the reunion of parents with their children in accordance with a final judgment of a domestic court.
Extra July This case concerns the ill-treatment suffered by the applicant as a result of inadequate detention conditions violation of Article 3. The applicant suffers from chronic paranoid schizophrenia. In he was convicted of homicide and sentenced to life imprisonment. The applicant was transferred between 3 different prisons to serve his sentence.
Despite his health problems the applicant was detained with other healthy prisoners and was treated like other inmates.
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The European Court found that, taking into account the cumulative effects of the entirely inappropriate conditions of detention to which the applicant was subjected and the inadequacy of the medical treatment he received, the nature, duration and severity of that ill-treatment was sufficient to qualify as inhuman and degrading. Individual measures: The Court awarded just satisfaction for non-pecuniary damage. Kruja Prison was established under a special order of the Minister of Justice and offers specialised treatment for prisoners suffering from mental disorders.
His state of health was serious and continued to deteriorate. The Prisons Directorate had confirmed that Kruja Prison was specifically for prisoners with health problems and no healthy prisoners were detained there. The Prison is separated into different sections for different categories of health problems. The applicant is provided with the necessary medicines and his state of health is improving. He shares a cell with 3 other inmates, all of whom receive regular medical treatment. The applicant has stated in writing that his conditions of detention were acceptable. General measures: Under Article 46, the European Court stated that necessary measures to secure appropriate conditions of detention and adequate medical treatment, particularly for prisoners who need special care owing to their state of health, should be taken as a matter of urgency.
Information would also be welcome on the date of publication of the judgment and confirmation of its dissemination to the relevant ministries and prison authorities. The European Court noted that the judgment in question remained unenforced for over five years, a situation for which the Albanian government had not provided any plausible justification. Citing a lack of state funds, as the government had done, did not justify the situation.
Individual measures : The European Court awarded the applicants a lump sum as just satisfaction in respect of non-pecuniary and pecuniary damage, including an amount corresponding to the current value of the plots. The Deputies decided to resume consideration of this item at the latest at their th meeting June DH , in the light of information to be provided on general measures. This case concerns the quashing and lack of enforcement of final decisions in favour of the applicant. Separate appeal procedures relating to ownership disputes over each plot of land resulted in parallel proceedings before the Supreme Court and its judgments of and Further, in , the Supreme Court quashed its judgment in supervisory review proceedings.
The European Court found that there had been a breach of the right to a fair trial due to the lack of legal certainty. The case also concerns the lack of impartiality of the Supreme Court. It also awarded just satisfaction for pecuniary and non-pecuniary damages in respect of both plots of land. This system enables all courts to be connected in a network, provides them with their own website, providing individuals with access to any information they need on the dates of trials, decisions which become final, the status of decisions, etc. There are currently dozens of similar cases pending.
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The European Court considers that in order to address these violations, the state should remove all obstacles to the award of compensation under the Property Act by ensuring the appropriate statutory, administrative and budgetary measures. These measures should include the adoption of the property valuation maps in respect of those applicants entitled to receive compensation in kind and the designation of an adequate fund in respect of those applicants who are entitled to receive compensation in kind.
All claimants who have received successful judgments awarding them compensation under the Property act should be able to speedily obtain the sums or the land due. The European Court noted that such measures should be undertaken as a matter of urgency. This case concerns the failure to enforce final domestic decisions and judgments concerning the applicants' right to compensation in respect of plots of land which had been nationalised under the communist regime.
In addition, the European Court ordered the restitution of the second plot of land to the three applicants to whom it belonged and awarded joint pecuniary and non-pecuniary damage. Failing such restitution, additional just satisfaction in respect of pecuniary and non-pecuniary damage is to be paid jointly to those applicants.
Under Article 46 of the Convention, the European Court stated that a domestic remedy should be introduced which secures genuinely effective redress for the violations identified in this judgment and all similar applications pending. The state should inter alia designate a competent body, set out the procedural rules, ensure compliance with such rules in practice and remove all obstacles to awarding compensation under the Property Act. The measures should include the adoption of maps for property valuation in respect of those applicants who are entitled to receive compensation in kind and the designation of an adequate fund in respect to those applicants who are entitled to receive compensation in value.
The Court concluded that such measures should be made available as a matter of urgency. A Reform of the bailiff system and other legislative reforms: Albania has adopted two substantial laws relating to the execution of judicial decisions and the acceleration of proceedings:.
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The system of bailiffs in Albania is henceforth a two track system, exercised by two parallel executive systems: a public and a private one. Social issues especially relating to custody rights will remain under the competence of state bailiff service, while the category of executive titles concerning private contractual rights will be under the competence of the private system.
This law regulates their fees, responsibilities, and disciplinary measures. Consequently, the Constitutional court is empowered to examine requests concerning non-enforcement of domestic judicial decisions. However, its decisions are declarative in the sense that they merely find or establish that there is a violation of the right to due process without conferring any obligation or requiring any specific action from the relevant state authorities. These changes are set out in Law No. The changes affect the scope of the law; the definition of the right to property; the recognition of right to property and its restitution; the definition of plots of land; the definition of properties that are not used for public purposes; forms of compensation and provisions governing financial compensation.
A new amendment has been approved by Law No. The revenues collected form such sales will be transferred to the compensation fund. In addition, the Council of Ministers has adopted a number of decisions to implement the Property Act. These include criteria and procedures for restitution decision No. It has prepared a working document, which will serve as a basis for proposals for the government in this respect. Proposals were to be submitted to the government by March The main objectives of the strategy are:.
Following the establishment of this strategy, a number of measures have been taken and others are under way. At present, AKKP is verifying the fund for physical compensation of former owners. This fund contains 17 ha of agricultural land, 71 ha forests and pastures and 29 buildings. The Deputies decided to resume consideration of this item at the latest at their th meeting June DH , in the light of information to be provided on individual and general measures. However, this judgment was not executed on the grounds that the state allegedly lacked the necessary funds, despite various steps taken by the applicant company.
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The company therefore brought proceedings before the Constitutional Court, which declared that enforcement proceedings did not fall within its jurisdiction. Individual measures : The European Court awarded the applicant just satisfaction in respect of non-pecuniary and pecuniary damage, including the sums at issue in the unenforced decision. Clarification was requested concerning the origin of the violation the measures envisaged with a view to ensuring the enforcement of domestic decisions.
They also committed themselves to submit a time-table for the execution of this judgment.
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The implementation of its recommendations shall be accelerated. Particular funds shall be also provided within the state budget and the budgetary institutions, with a view to paying financial debts related to the enforcement of final judicial decisions. These amendments were submitted to Parliament for approval in June In this framework a working group, including representatives of the Ministry of Justice, the Ministry of Finance and the Tirana Municipality, was to be establish in the view of clarifying the division of competencies in situations similar to the one of this case.
The Deputies decided to resume consideration of this item at the latest at their their th meeting June DH , in the light of information to be provided on general measures.
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The European Court also noted that the prosecutor could have appealed the acquittal within the statutory time-limit. Individual measures : The European Court awarded the applicant just satisfaction in respect of non-pecuniary damage. After its publication a round table will be held with judges, prosecutors, representatives from Ministry of Justice and High Council of Justice to discuss measures to be taken. Information is needed on any measure taken or envisaged to avoid similar violations. Information is also awaited on the confirmation of the publication of the judgment and its dissemination to the competent authorities, as well as on the conclusions of the round table held with the authorities concerned e.
In one of these sets of proceedings, the European Court observed that the case had been repeatedly referred back to lower jurisdictions for fresh examination. The Court also found that there was no remedy available to the applicant in respect of the delays in the proceedings violation of Article As the Constitutional Court failed to give any reason for this outcome, the European Court concluded that the Constitutional Court could not reach a majority on any of the proposals submitted.
Individual measures : The applicant was awarded just satisfaction in respect of pecuniary and non-pecuniary damages.
The national proceedings have ended and the joint venture company ceased to exist in In such circumstances, no reasons are given for dismissing an appeal except that the vote was tied.