
The European Court of Human Rights today announced its unanimous decision in the case "Manjani v. Albania", finding that the Albanian state has violated Article 8 of the European Convention on Human Rights.
Shiqiri Manjani, underwent the admission process to the Magistrates' School for the prosecutor profile in 2020, where after passing the exam, he was disqualified by the High Prosecutorial Council. The reason for this decision was a 2006 theft conviction, received when he was 15 years old, a conviction for which the applicant was legally rehabilitated in 2014.
Manjani's appeals were successively rejected by the Administrative Court of Appeal, the Supreme Court and the Constitutional Court. The local authorities argued that special legislation prohibits the admission into the justice system of persons convicted by a final decision, regardless of rehabilitation or the age at which the crime was committed.
The European Court found that the intervention of the Albanian authorities was disproportionate and not based on a sufficient analysis. Key points of the reasoning include:
-Lack of individualized assessment: The Court found that the national authorities had limited themselves to a mechanical interpretation of the law, without carrying out a detailed analysis of the specific circumstances of the case.
-Disregard for age: The facts show that Mr. Manjani was a minor at the time of the criminal offense (15 years old), a circumstance that, according to the Court, should have been treated with priority in light of the best interests of the child and the principles of reintegration.
-Nature of the ban: The Court described it as an “absolute and permanent ban”, which had a serious and irreversible impact on the applicant's professional development and social identity at an early stage of his career.
-Subsequent integrity: The applicant's conduct after conviction was not taken into account, including the fact that he had practiced as a lawyer and judicial police officer without legal problems.
In conclusion, the ECtHR ruled:
-Compensation: The Albanian state is obliged to pay the applicant the amount of 4,500 euros as compensation for non-pecuniary damage.
-Reopening of the process: The Court noted that Albanian legislation provides for the possibility of reopening the judicial process at the national level to reexamine the case in light of this judgment.
This decision was taken unanimously by a chamber composed of seven judges.