Constitutional Court

KI155/17, Applicant: Ferit Ademi against the Basic Court in Prishtina, the Court of Appeals of Kosovo, the Kosovo Judicial Council and the Ministry of Justice of Kosovo

KI155/17, the decision to reject the referral of 20 April 2018, published on 1 June 2018

Keywords: individual referral, summarily reject, interpol, arrest warrant

The Applicant alleged that the Basic Court in Prishtina, the Court of Appeals of Kosovo, the Kosovo Judicial Council and the Ministry of Justice of Kosovo (hereinafter: the public authorities) failed to take actions that they were obliged to take under the positive legal rules. Accordingly, the Applicant does not challenge the decisions or actions of the public authorities but considers that the violation of his right is a consequence of the failure of the public authorities to act.

The Applicant alleged that these public authorities of Kosovo did not notify the public authorities of the Republic of Serbia that he was convicted and that he served the sentence for the same criminal offense for which the Republic of Serbia searches him through an Interpol arrest warrant.

The Applicant failed to provide any written evidence that an interpol arrest warrant was raised against him, or any written evidence proving your claims “that the Applicant was informed by the Police of Kosovo that against the Applicant, the Interpol arrest warrant for extradition to the Republic of Serbia was re-activated“.

The Court notes that the Applicant based on verbal knowledge tried to initiate the proceedings also before other public authorities (the Basic Court in Prishtina, the Court of Appeals of Kosovo, the Kosovo Judicial Council and the Ministry of Justice of Kosovo).

The Court concluded that the Applicant was also notified about this by the Basic Court in Prishtina, which stated in its reply that „the Basic Court in Prishtina does not have any knowledge that there is any procedure for the extradition of the convict Ferit Ademi to Serbia“.

Therefore, the Court notes that the Applicant, in addition to his general and abstract referral, did not submit any decision of a public authority of Kosovo which restricts to him any right guaranteed by the Constitution; ii) he did not prove that the Interpol arrest warrant has been re-activated by the Republic of Serbia; iii) he did not prove that the Interpol arrest warrant has been activated by the Republic of Kosovo; iv) he failed to submit an indictment or any other new indictment issued by the public authority of the Republic of Serbia; and v) he did not submit the supporting documents requested by the Court to substantiate his allegations.

In sum, the Court finds that the Referral does not meet the procedural requirements for further review in accordance with Rule 29 of the Rules of Procedure. Considering that the Applicant did not complete and did not provide the necessary reasoning of the referral, the referral is to be summarily rejected, in accordance with Rule 32 (5) of the Rules of Procedure.