The European Court of Human Rights (ECHR) has asked the Albanian government several questions related to a complaint against Albania lodged by the former Governor of Bank of Albania Ardian Fullani.
In January 2018, Fullani complained to the ECHR for his “illegal” dismissal. He requested to be reinstated into his post and be paid compensation for harm caused to his honor.
The Court posed the following three questions to the Albanian government and Ardian Fullani in a letter sent on November 22, 2019:
- Having regard to the domestic courts’ findings, can Fullani claim to be a victim of a violation of the Convention Art.34? (The article deals with the right of individuals to file a case with the ECHR.)
- Has Fullani exhausted all effective remedies, and in particular, was he required to lodge a constitutional complaint with the Constitutional Court?
- Has there been a breach of Fullani’s right to respect for private and family life?
The former governor was dismissed by parliament in September 2014, after he was arrested for abuse of office in relation to the theft of 713 million lekë (~€5.3 million) from the treasury of the Bank of Albania, as well as the procedure through which the Bank had acquired the Dajti Hotel building from the former government.
Prosecutors had demanded 5 year in prison, but in December 2015 Fullani was finally acquitted of all criminal charges.
He then filed charges against the Bank of Albania and Parliament for the unjust dismissal from his post as governor. Fullani demanded monetary compensation and to be reinstated in his former post.
In July 2017, the Supreme Court declared his removal from office unlawful and decided that the Bank of Albania should pay the applicant the 56 salaries he would have received from 18 September 2014 until the end of his terms of office in November 2018.
In January 2018, Fullani lodged a complaint with the ECHR, claiming that there has been a breach of Article 8 of the European Convention of Human Rights because the Albanian courts had failed to reinstate him into office and to award him compensation for harm caused to his reputation and honor.
