Constitutional Court

KI95/18 Applicant: Nexhmedin Mazrek, constitutional review of Judgment PML. No. 247/2017 of the Supreme Court of 6 February 2018

KI95/18, Decision on Inadmissibility of 27 May 2019, published on 20 August 2019

Keywords: individual referral, constitutional review of the challenged judgment of the Supreme Court, out of time

The Referral is based on Article 113 (7) of the Constitution, Article 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 32 of the Rules of Procedure of the Constitutional Court.

When establishing the factual situation in the contested proceedings before the Basic Court in Prizren, between the Applicant and several other persons who were parties to the contested proceedings, a physical conflict took place in which several persons suffered severe and minor injuries, and one person lost his life due to injuries resulting from this fight.

Following this, the Basic Prosecutor’s Office in Prizren filed an indictment against the Applicant and several other persons for participating in the physical clash, causing serious and minor physical injuries and death.

Against the Applicant, criminal proceedings were conducted before the regular courts for the criminal offense of causing serious and minor bodily injuries and death.

The aforementioned criminal proceedings against the Applicant were completed with the Judgment of the Supreme Court, which rejected as ungrounded the request for protection of legality of the Applicant and upheld the first and second instance judgments which found the Applicant guilty.

The Applicant states in his referral that the Basic Court in Prizren, when determining the factual situation in the contested proceedings between the Applicant and third parties, was obliged to ensure the presence of the police in order to prevent any possible physical clash and, consequently, the Applicant himself to commit the criminal offense for which he was convicted, and therefore, there has been a violation of the Applicant’s rights guaranteed by Articles 24, 29, 30, 31, 32 and 33 of the Constitution of the Republic of Kosovo in conjunction with Article 6 of the European Convention on Human Rights.

The Court considers that the Applicant did not specify the facts which show that in the proceedings before the regular courts there has been in any way a violation of his constitutionally guaranteed rights to equality before the law, fair and impartial trial, judicial protection of rights and protection of property.

Therefore, the Applicant’s Referral is manifestly ill-founded on constitutional basis and is to be declared inadmissible in accordance with Rule 39 (2) of the Rules of Procedure.