The European Court of Human Rights (ECHR) has condemned Albania for violating the right to a fair trial within a reasonable time, noting that unjustified delays in domestic judicial proceedings seriously undermine trust in the rule of law.
The judgment, delivered in the case Of ARB sHPK and others V. albania, highlights the urgent need for far-reaching reforms and concrete measures by the albanian Authorities. according to The court, judicial proceedings in Albania systematically exceed any reasonable time limit. In that case, the trial dragged on for more than 10 years, with cases remaining in the supreme Court For periods of 7 to 8.5 Years, which was considered a glaring example of the systemic problem.
These delays directly violate the criteria of Article 6 of the European Convention on Human Rights, according to the ECHR.
Another typical example of the worrying situation is the case of Mr. Selman Gazidenja, whose case for the award of pension rights as a former miner has been pending for almost 9 years. Despite the fact that the Albanian Constitutional Court had ordered the examination of the case within 6 months and he had already won a decision for compensation, the relevant amount has not yet been paid. For this reason, the ECtHR also found a violation of Article 13 of the Convention, which provides for the right to an effective remedy, in his case.
Beyond the individual convictions, the european Court, Citing article 46 Of The convention, Issued a clear warning to the albanian authorities to take immediate measures to address the systemic problems of their judicial system.
The demands include reducing the huge backlog of cases in the courts of appeal and the Supreme Court. In addition, it calls for the filling of vacant judicial positions in order to enhance judicial efficiency. Finally, it underlines the need to provide sufficient human and logistical resources so that the judicial system can function in a regular and reliable manner.
The Court explicitly warned that frequent justifications, such as a shortage of judges or excessive workload, cannot justify the violation of citizens' fundamental rights to swift and effective administration of justice.
As a result of the violations found, the ECHR decided that the company ARB SHPK will be compensated with 5,700 euros for non-pecuniary damage and 3,000 euros for legal costs, while Mr. Gazindenia will receive 1,800 euros for non-pecuniary damage and 2,000 euros for legal costs.
