Strazimiri and Others v. Albania

FOURTH SECTION

Application no. 36483/10 Donard STRAZIMIRI and others against Albania

The European Court of Human Rights (Fourth Section), sitting on 13 November 2012 as a Committee composed of:

George Nicolaou, President, Zdravka Kalaydjieva, Vincent A. De Gaetano, judges, and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 20 May 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix. The applicants were represented by Ms E. Kokona, a lawyer practising in Tirana.

The Albanian Government (“the Government”) were represented by their Agent, Ms L. Mandia of the State Advocate’s Office.

The applicants complained that the non-enforcement of the Supreme Court’s final court decision of 24 April 2009, which ordered the Ministry of Education and Science (“the Ministry”) and the University of Tirana Rector’s Office (“UTRO”) to vacate a plot of land measuring 4,600 sq. m that belonged to the applicants and, to pay the applicants a monthly rent of ALL 504,720 from 4 October 2002 until the date of the execution of that decision, had breached their rights under Articles 6 § 1 and 13 of the Convention as well as under Article 1 of Protocol No. 1.

On 20 June 2012 the Government submitted that the Ministry, the UTRO and the applicants had reached a friendly settlement before a notary public, according to which the UTRO would vacate the applicants’ plot of land and the applicants would irrevocably waive their right to the rent arrears until the execution of the final decision.

On 28 September 2012 the applicants’ lawyer confirmed in writing that the matter had been resolved between the parties and that the applicants requested that the application be struck out of the list of cases.

THE LAW

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (b) of the Convention.

Fatoş Aracı George Nicolaou Deputy Registrar President

Appendix

No.

Full name

Year of birth

Nationality

Representative

Donard Strazimiri

1961

Albanian

E. Kokona

Indrit Strazimiri

1959

Bedrie Florini

1941

Bledar Florini

1974

Alma HYKA

1970

Fisnik Preza

1934

Dhurata Karajani

1929

Fatbardha Agushi

1932

Aferdita Husha

1937

Fatri Llagami

1933

Bujar Llagami

1931

Vera Panariti

1930

Miranda Nosi

1961

Dashuri Llagami

1949

Denis Llagami

1956

Helidon Llagami

1949

Mysin Pilku

1934

Lira Kasharaj

1928

Nimet Pilku

1944

Niada Shima

1945

Floran Pilku

1960

Hamijet Zogolli

1929

Gojar Dishnica

1947

Rebeka Verdha

1957

Bardhyl Zogolli

1943

Nazime Zogolli

1935

Adrian Zogolli

1961

Hasan Zogolli

1964

Mybara Zogolli

1947

Erjon Zogolli

1974

Helga Zogolli

1977

Luan Fortuzi

1951

Arben Fortuzi

1955

Avni Fortuzi

1963

Miranda Fortuzi

1958

Eva Fortuzi

1961

Zana Fortuzi

1953

Fisnik Fortuzi

1969

Astrit Fortuzi

1962

Liri Fortuzi

1943

Enri Laku

1956

Ilir Laku

1961

Ariana LAKU

1953

Artan Fortuzi

1956

Sokol Fortuzi

1968

Ballkez Fortuzi

1935

Sokol Fortuzi

1932