Friday, January 27, 2012
The World Bank has lost the Tribunal of Tirana, with the Albanian Goverment for destruction of Jali, Himara Region
on the Implementation of Management’s Action Plan in Response to
the Inspection Panel Investigation Report on the
Original Report of the World Bank
PROVISION OF ASSISTANCE FOR THE JALE REQUESTERS AND THOSE
AFFECTED BY THE APRIL 2007 DEMOLITIONS
3. Summary of previous Progress Reports. The first Progress Report, dated
July 1, 2009 described the mechanisms put in place by the Bank to support the
Requesters’ pursuit of judicial review of the demolitions in Jale. These included (i) an
Agreement between the Bank and the Government of Albania confirming the
Government’s assent to an independently monitored judicial review and to the Bank’s
payment of the Requesters legal fees; (ii) Grant Agreements with each of the nine
families to support their legal fees; (iii) contracting of an independent valuation of the
properties; and (iv) hiring of an International Observer. The second Progress Report
dated February 26, 2010 reported on the hiring of lawyers and filing of cases in Tirana
District Court by the nine families and on the process followed to supervise preliminary
hearings for the cases up to the end of January 2010. The third Progress Report dated
February 16, 2011 reported on the progress of the cases during calendar year 2010. At
that point, the District Court had ruled in two of the nine cases, issuing a decision in one
case in favor of a Requester and dismissing a second case on procedural grounds. The
remaining cases were ongoing.
concluded that the demolitions were justified in light of the unauthorized nature of the
construction. Three cases remain ongoing at District Court, for which rulings are
expected shortly. In summary, the District Court has ruled in six of the nine cases. It has
(i) decided one case in favor of a Requester,(ii) decided four cases in favor of the
Government and (iii) dismissed one case on procedural grounds. The following Table
summarizes the current status of all nine cases.
Current Status of Court Proceedings
Case District Court Ruling Date of Ruling Appeal Status
1 Dismissed on procedural
November 23, 2010 Dismissal being
2 In favor of Requester December 11, 2010 Appealed. District
Court ruling upheld.
3 In favor of Government March 29, 1011 Appealed. No date set.
4 In favor of Government May 2, 2011 Appealed. No date set.
5 In favor of Government May 5, 2011 Appealed. No date set.
6 In favor of Government May 30, 2011 Appealed. No date set.
7 Ongoing Ongoing
8 Ongoing Ongoing
9 Ongoing Ongoing
5. Cumulatively, there has been more than 100 scheduled District Court
hearings for the nine cases. The Bank’s Independent Observer has now conducted nine
missions to Tirana to attend selected hearings. Other hearings
Next month, the Albanian Goverment, is waiting to aprove another Development Plan for the Himara Region, after the World Bank project, has failed. According to sources from Himara, the popullation, has expresed their disaprovation if the properties and lands, contunes still not, to returne to legimity owners, both community and orthodox churce.