Constitutional Court

The Applicant filed the referral in accordance with Article 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, on 15 January 2009.
On 25 February 2011, the Applicant filed the referral with the Constitutional Court of the Republic of Kosovo.
The same date, the President of the Court appointed Judge Snezhana Botusharova as Reporting Judge, and the Review Panel composed of: Altay Suroy (Presiding), Kadri Kryeziu and Iliriana Islami.

On 20 July 2005, in the case P.no. 02/05, the District Court in Prizren found the Applicant guilty of committing the following criminal offences: sexual intercourse or unnatural sexual act by abusing his or her official position, as per Article 78, paragraph 1 of the Criminal Law of Kosovo, as amended by Article 1, paragraph 4 of the UNMIK Regulation no. 2003/1, amending the applicable law on criminal offences involving sexual violence; facilitating prostitution, as per Article 201, paragraph 3 of the PCCK; trafficking in persons, in co-perpetration, as per Article 2, paragraph 2 of the UNMIK Regulation no. 2001/04 on the prohibition of trafficking in persons in Kosovo, in conjuction with Article 22 of the Yugoslav Criminal Code, and trafficking in persons in co-perpetration, as per Article 139, paragraph 2 of the PCCK, in conjuction with Article 23 of the PCCK, and sentenced him to imprisonment of 12 years.
On 24 September 2007, the Applicant filed a complaint with the Supreme Court, which rejected such complaint as ungrounded on 1 June 2009.
The applicant, in his referral before the Constitutional Court alleges that there has been a violation of Article 31 of the Constitution, since the District Court in Prizren unjustly found him guilty. He alleges that the judgment of the District Court in Prizren is entirely grounded upon the police report, which he rejects in its entirety. The applicant also claims that the police deprived him of the right to an attorney, and that he was not allowed to contact the Embassy as a foreign citizen, and that his rights to legal remedy were violated.
From the documents in the case files, the Court found that the Applicant was served the judgment of the District Court in Prizren, of 20 July 2005, and the Judgment of Supreme Court of 28 May 2007, before the entry into force of the Constitution, namely before 15 June 2008.
The referral was not filed with the Court within the deadline as per Article 49 of the Law.
The Court concluded that the presented facts of the case by the Applicant to the Constitutional Court “in no way justify the allegations of violation of constitutional rights”, in compliance with rule 36, paragraph 2, items b and c of Rules of Procedure, and unanimously decided to reject the referral of the applicant as inadmissible.