Delays in national courts lead to violations of right to a fair trial (ECtHR)

The European Court of Human Rights found that the delays of eight years and six months and seven years that applicants' cases had been pending before the Supreme Court had been excessive.

In Chamber’s judgment in the case of ARB SHPK and Others v. Albania (applications nos. 39860/19, 38996/20, 6142/22 and 27370/22) the European Court of Human Rights held,unanimously, that there had been a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights as regards ARB SHPK’s and Mr Gazidedja’s applications, and a violation of Article 13 (right to an effective remedy) as regards Mr Gazidedja’s application.

The case concerned alleged excessive length of proceedings in cases taken before the Albanian courts. The Court found in particular that the delays of eight years and six months and seven years that ARB SHPK’s cases had been pending before the Supreme Court had been excessive.

Regarding Mr Gazidedja’s case, the Court noted that he had not received compensation for the delays, despite an order in that regard, and that his case had still not been finally judged before the courts in Albania despite a delay so far of eight years and 11 months, which was excessive.

The Court indicated, under Article 46 (binding force and enforcement of judgments), that Albania was to, in particular, reduce the backlog at various court levels by filling the relevant judicial vacancies and providing the necessary resources to the judicial system.

The Court held that Albania was to pay ARB SHPK 5,700 euros (EUR) in respect of non-pecuniary damage and EUR 3,000 in respect of costs and expenses, and to pay Mr Gazidedja EUR 1,800 in respect of non-pecuniary damage and EUR 2,000 in respect of costs and expenses. (echr.coe.int/photo freepik.com)

The decision is available here