Constitutional Court

The applicant filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Supreme Court Judgment, Pkl. No. 70/2012, of 22 June 2012, because the Supreme Court without any firm reasoning, did not examine the evidence proposed by the defense. Furthermore, the Applicant requested interim measures because “If a favourable judgment of the Constitutional Court would cause possible retrial of the case, where the Applicant would be acquitted of responsibility, then the absence of such an interim measure would subject the Applicant to serving an unlawful and undeserved sentence.”
On the issue of the interim measures the Court concluded, that there was the necessity to consider the response of the Supreme Court which was received including the Case file of P. no. 485/09 of 26 November 2010, Ap. no. 134/2011 of 8 March 2012 and Pkl. no. 70/2012 of 22 June 2012 and as well the minutes of the trial courts of all instances involved in this case. Therefore, the Court extended the time limit imposed by the Court in its original Decision of 24 September 2012 by a further period of three months until 31 March 2013.