Constitutional Court

The applicant filed a referral pursuant to Article 113.7 of the Constitution of Kosovo asserting that his rights under Articles 24 [Equality Before the Law], 30 [Rights of the Accused] and 31 [Right to Fair and Impartial Trial] of the Constitution, was infringed by the judgment of the Supreme Court, which found the Applicant guilty for having committed the criminal act of Article 142 in conjunction with Articles 22, 26 and 30 of the Criminal Code of the Socialist Federal Republic of Yugoslavia. The Applicant further requested the Court not to disclose his identity.
The Court held that the Referral was inadmissible because he failed to submit the Referral within time pursuant to Article 49 of the Law. The final judgment of the Supreme Court, PKL. No. 117/09, was taken on 12 October 2010 and was served on the Applicant on an unspecified date, whereas the Applicant filed the Referral with the Court on 11 August 2011. Since the Applicant has failed to submit evidence to this Court when he was served with the judgment of the Supreme Court, this Court considers the date when the decision is publicly announced as the date of service, i.e. 12 October 2010 when the Judgment was signed by the Judges. As to the Applicant’s request for not having his identity foreclosed, the Court rejected it as ungrounded, because no supporting documentation and information was provided on the reasons for the Applicant not to have his identity foreclosed.