Subject matter of the Referral filed with the Constitutional Court by the Applicant is the alleged unreasonable length of appellate criminal proceedings against judgment of the Municipal Court in Vushtrri, K 66/2009, of 25 May 2010, That criminal proceeding has been instituted against accused DD, The Applicant is interested party in the proceedings, The Applicant considers that his rights guaranteed by Articles 3 and 24 [Equality before the Law], Article 54 [Judicial Protection of Rights] and Article 56 [Fundamental Rights and Freedoms during a State of Emergency] of the Constitution have been violated, The Court notes that in this case the Applicant does not prove “the status of the victim caused by a public authority”, as it is required by Article 113,7 of the Constitution in conjunction with Article 34 of the European Convention for Protection of Human Rights, The Court recalls that a victim is a natural or legal person, A person who is not affected in this manner does not have standing as a victim since the Constitution does not provide for actio popularis, Thus, the Court, in accordance with Rule 36 (2) c) of the Rules of Procedure shall reject a Referral as being manifestly ill-founded
Ljubia ivić
KI – Individual Referral
Resolution
Referral is manifestly ill-founded
Criminal