CEDH · CASELAW;COMMUNICATEDCASES;ENG — 20 novembre 2017

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sAA66BAD8 { margin-top:0pt; margin-left:36pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s6B505E72 { margin:0pt; padding-left:0pt } .sA56BACAB { font-family:Arial; font-weight:bold; list-style-position:inside } .s13783063 { width:6.24pt; font:7pt 'Times New Roman'; display:inline-block } .s3537C2D6 { font-weight:normal } .s7ED160F0 { text-decoration:none } .sB0E7E39B { font-size:8pt; font-weight:normal; vertical-align:super; color:#000000 } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .sB343B0AA { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#000000 }   Communicated on 20 November 2017   SECOND SECTION Application no. 62907/16 Rinaldo MYRTAJ and others against Albania lodged on 25 October 2016 SUBJECT MATTER OF THE CASE The application concerns the death of the applicants’ family members during a protest that took place on 21 January 2011 in front of the Prime Minister’s office. The applicants complain that their family members’ right to life was breached as a consequence of the actions of the National Guard during the protest. In addition, they complain that use of lethal force was not absolutely necessary and that the authorities failed to conduct an effective investigation into the death of their family members in violation of Article 2 of the Convention. QUESTIONS tO THE PARTIES 1.     Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?   2.     Was the manner of application of the relevant provisions of the law “On National Guard”, which authorize the use of lethal force, in relation to the applicants’ family members, in compliance with Article 2 of the Convention?   3.     Has the applicants’ family members’ right to life, ensured by Article 2 of the Convention, been violated in the present case? In particular, did the applicants’ family members’ death result from a use of force which was absolutely necessary for the purposes of paragraph 2 of this Article?   4.     Having regard to the procedural protection of the right to life (see paragraph Armani Da Silva v. the United Kingdom [GC], no. 5878/08, ECHR 2016), was the investigation in the present case by the domestic authorities in breach of Article 2 of the Convention?   5.     In particular, did the respondent State comply with its positive obligations under Article 2 of the Convention by providing the applicants with a remedy capable of establishing the facts, holding accountable those at fault for their family members’ death and providing appropriate redress (see, for instance, Ciechońska v. Poland , no. 19776/04, § 66, 14   June 2011)?   The Government are invited to provide information about the progress in the criminal proceedings and to submit a copy of the investigation file.   APPENDIX         Rinaldo MYRTAJ is an Albanian national who was born in 1986, lives in Fier and is represented by D. Matlija     Ilmi DEDA is an Albanian national who was born in 1976, lives in Tirana and is represented by D. Matlija     Zabit DEDA* is an Albanian national who was born in 1970, lives in TIRANA and is represented by D. Matlija     Mamude MYRTAJ is a Albanian national who was born in 1963, lives in Fier and is represented by D. Matlija     Alma RREDHI is an Albanian national who was born in 1975, lives in Fier and is represented by D. Matlija     Ana VEIZI* is an Albanian national who was born in 1999, lives in Fier and is represented by D. Matlija     Klajdi VEIZI* [i] is an Albanian national who was born in 1996, lives in Fier and is represented by D. Matlija   [i] Complaints in respect of the applicants indicated by an asterisk are rejected as inadmissible.