Constitutional Court

KI188/18, Applicant: Enver Kryeziu, Constitutional review of Judgment Pml. No. 32/2017 of the Supreme Court of 17 May 2017 

KI188/18, Resolution on Inadmissibility of 27 February 2019, published on 4 April 2019. 

Keywords: individual referral, criminal case, out of time limit, request for interim measure 

The Applicant stated that the first and second instance courts did not assess the accuracy of contradictory evidence, thereby violating Article 31 of the Constitution, as well as Article 6 of the ECHR.

The Applicant requested the Court to impose an interim measure that would „stay the execution of a final judgment, of serving the sentence, and annul the judgment rendered on the basis of a violation of Article 31 of the Constitution, as he considers that further stay in prison would cause irreparable damage.“

On 11 January 2019, the Court sent a letter to the Basic Court requesting it to submit evidence as to the date when Judgment Pml. No. 32/2017 of the Supreme Court of 17 May 2017, was served on the Applicant.

On 18 January 2019, the Court received the reply of the Basic Court which also contained the acknowledgment of receipt, based on which the Court can conclude with certainty that Judgment Pml. No. 32/2017 of the Supreme Court of 17 May 2017, was served on the legal representative of the Applicant in the period between 30 June 2017 and 16 July 2017.

Accordingly, the Court, taking into account the date of service of the challenged Judgment Pml. No. 32/2017 of the Supreme Court, which is 30 June 2017, as well as the date on which the Applicant submitted the referral to the Court, which is 30 November 2018, finds that the Applicant submitted the referral to the Court out of legal deadline of 4 (four) months, at the same time the Court rejected the Applicant’s request for imposition of interim measure.