Constitutional Court

The Applicant submitted the Referral based on Articles 113.7 and 21.4 of the Constitution, Articles 20, 22.7 and 22.8 of the Law no. 03/L-121 on the Constitutional Court of the Republic of Kosovo dated 15 January 2009
On 11 February 2010, the Court received the Referral of the Applicant, alleging the violation of his personal human rights. On 30 August 2010 the President of the Court appointed Judge Altay Suroy as Judge Rapporteur and a Review Panel composed of Judges Snezhana Botusharova (Presiding), Ivan Cukalovic and Iliriana Islami.

On 30 March 2010 the Court asked the Applicant to clarify his referral and to submit the

challenged decision KP No. 3/2010 dated 29 January 2010 which was served upon him on 03 February 2010 as well as a copy of an appeal of that decision that the Applicant allegedly submitted on 5 February 2010.

On 18 July 2008, the Applicant filed a criminal private charge against a judge M.A. to the Municipal Court in Prizren for, inter alia, alleged criminal offence against honour and reputation provided by Article 190 of Provisional Criminal Code of Kosovo and the criminal offence of issuing unlawful judicial decisions provided by Article 346 of the PCCK. On 11 January 2010, the Municipal Court in Prizren issued Decision PKA No. 163/09 and rejected the Applicant’s private criminal charge as well as terminated criminal procedure against respondent.

The Applicant filed appeal.

On 29 January 2010, the Municipal Court in Prizren issued Decision No.3/2010 and rejected as ungrounded the Applicant’s appeal against Decision of 11 January 2010. In that Decision it was stated, inter alia that the Applicant has not acted in accordance with Article 361(1) of the PCCK and has not clarified his private criminal charge. It was further stated that the Applicant’s private criminal charge was time-bared.

The Court notes the Applicant, although it was asked by the Constitutional Court to clarify his referral and to submit inter alia a copy of an appeal against decision of 11 January 2011, he never did that. Notwithstanding, as it was stated above, it seems that the procedure against Decision of the Municipal Court in Prizren is still pending., The Constitutional Court recalls its task is not to act as a court of appeal, when considering decisions rendered by lower courts. The Applicant did not submit any prima facie evidence indicating a violation of his rights under the Constitution, In this respect, the Court considers that the public authorities of the Republic of Kosovo can only be required to answer to facts and acts which occurred subsequent to the entry into force of the Constitution on 15 June 2008. Accordingly, the Court cannot deal with a Referral relating to events that occurred before the entry into force of the Constitution. Finally, the admissibility requirements were not met in this Referral. Taking into account all circumstances of the submitted Referral, the Constitutional Court pursuant to Article 113.1 and 113.7 of the Constitution, Articles 46, 47 and 48 of the Law and Rules 36 (1a) and 36 (3c) of the Rules of the Procedure, in the session held on 21 November 2011 unanimously decided to reject the Referral as inadmissible.