Unlawful demolition of property in violation of court rulings

Background

A group of people became owners of the flats and shops, constructed with the permission of local authorities. The owners were then prevented from entering their flats and retrieving their belongings. Their properties were seized and expropriated within a one-month period in 2013, in contradiction of a court order. The entire building was then demolished between 4 and 8 December 2013.

In a subsequent decision, the Albanian administrative courts found that the authorities’ action had been unlawful. However, the applicants still did not receive any compensation for the unlawful seizure of their building.

Judgment of the European Court of Human Rights

The Court held that there was clearly no legal basis for preventing their access to their belongings. Similarly, the Court stated that whole procedure to expropriate and demolish the building had been unlawful.

The Court emphasized that the authorities’ actions were not compatible with the rule of law in a democratic society and did not respect the fundamental rights and freedoms guaranteed under the European Convention.

Shortcomings in Implementation

As of June 2019, compensation has still not been paid and enforcement proceedings for the decision of Administrative Court of Appeal have been suspended before the Supreme Court since 2015. Furthermore, the authorities have not presented adequate information detailing how similar situations can be avoided in future.

-        Summary of the case on Hudoc-EXEC

-        Press release and judgment of the European Court of Human Rights