Constitutional Court

KI13/19, Applicant: Fevzi Hajdari Constitutional review of Judgment Pml. No. 322/2018 of the Supreme Court of 21 December 2018, and of Judgment PAKR No. 243/2018, of the Court of Appeals of 18 June 2018 

KI13/19, Resolution on Inadmissibility of 12 April 2019, published on 18 June 2019

Keywords: individual referral, resolution on inadmissibility, criminal case, interim measure, request for non-disclosure of identity

The Applicant claimed in the Referral violation of his rights and freedoms guaranteed by Article 31.2 of the Constitution and paragraph 3 of Article 6 of the ECHR, and reasoned in four (4) separate allegations, which he tried to build through the case law of the Constitutional Court and the case law of the European Court of Human Rights (hereinafter: the ECHR).

The Applicant relates his first allegation of violation of Article 6 of the ECHR to the unreasoned Judgment of the Court of Appeals. The Applicant considers that the Judgment of the Court of Appeals is not well reasoned in relation to the essential facts of the case.

The second allegation of violation of Article 6 of the ECHR refers to the fact that the Applicant was caught in a trap by the police collaborator, resulting in the simulation of the criminal offense, accordingly, the evidence collected in that way cannot be accepted and considered by the courts.

The third allegation of violation of paragraph 3 of Article 6 of the ECHR is linked to the fact that the Court of Appeals re-qualified the criminal offense and the indictment, thus preventing him from adequate preparation of the defense.

The fourth allegation of violation of Article 6 of the ECHR refers to the fact that the court proceeding was delayed.

The Court analyzed all of the Applicant’s allegations and, taking into account all the circumstances of the case, concluded that the Applicant’s Referral is ungrounded, the Court also rejected the request for interim measure and the disclosure of identity.