Constitutional Court

The Applicants filed the Referral pursuant to Article 113.7 of the Constitution of Kosovo, challenging the Judgment of the Supreme Court of Kosovo rev. no. 197/2010 of 22 August 2011, alleging that by the Judgment of the Supreme Court Article 31, 46 and 54 (right to fair and impartial trial, protection of property, judicial protection of rights) of the Constitution as well as Articles 6 and 13 ECHR (Right to fair trial and right to an effective remedy) have been violated. The Applicants also request the imposition of the interim measure in order for their rights to be protected.
Deciding about the Referral of Applicants Qazim Gashi, Fadil Gashi and Agim Gashi, the Court concluded that the Applicants have not substantiated the allegations nor have they submitted any prima facie evidence which would point to violation of their constitutional rights. Further, the Applicants have been provided numerous opportunities to present their case and challenge the interpretation of the law, which they consider as being incorrect, before the Municipal Court, the District Court and the Supreme Court. After having examined the proceedings in their entirety, the Constitutional Court did not find that the pertinent proceedings were in any way unfair or arbitrary, consequently the Constitutional Court declared the Referral manifestly ill-founded in accordance with Rule 36 (2b) of the Rules of Procedure.
In deciding about the Referral of Applicant Ali Kelmendi, the Court has concluded that by the decision of the Supreme Court the case has been remanded to the first instance court for retrial and the proceedings in the retrial is still pending. Therefore, the Applicant has not exhausted all legal remedies provided by law and the Court declared the Referral inadmissible for consideration pursuant to Article 113.7 and Rule 36 (1a).