Resolution

Concerning the constitutionality of the Judgment issued by the Supreme Court of the Republic of Kosovo, SCA 15/07 of 26 December 2007

Case No. KI 59/11

Applicant: Zyfer Sahitolli

The applicant filed the referral pursuant to Article 113.7 of the Constitution of Kosovo, thereby claiming that his constitutional rights were violated by the judgment of the Supreme Court of Kosovo, which upheld the judgment of the District Court in Prishtina, by which the Applicant was convicted for murder in premeditation, and unlawful possession of arms. The Applicant claimed that the Supreme Court had violated his rights guaranted by Article 31, paragraph 2 of the Constitution of Kosovo.

The Court found that the referral of applicant was inadmissible, pursuant to Rule 36 (2) (b) and (d) of Rules of Procedure, because the applicant failed to support his allegations by evidence, in proving how and why were his constitutional rights violated. The Court further noted that the referral does not demonstrate that the Supreme Court had acted in an arbitrary or unfair manner. Due to the reasons provided above, the Court decided to find the referral of Applicant as inadmissible.

Applicant:

Zyfer Sahitolli

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Criminal