Constitutional Court

The applicant, Mr. Nikollë Kabashi, filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Decision of the Supreme Court, Pzd. no. 135/2010, of 21 January, as being taken in violation of his rights guaranteed by Article 3 [Prohibition of Torture] of the European Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocols Nos. 11 and 14, because the selection of the judges who were appointed at the Municipal Court of Gjakova had not been done based on the rules set out by the IJPC (Independent Judicial and Prosecutorial Commission).
On the issue of the admissibility of the Referral, the Court held, that the Referral was inadmissible because the Applicant failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness. Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1.c) of the Rules of Procedure.