Constitutional Court

Apart from the request for constitutional review of the Judgment of the Supreme Court, Pkl, No, 10/2013 of 22 January 2013, which confirms the decisions of the District Court and the Basic Court in Prishtina on extension of detention, the Applicant also requests from the Constitutional Court of the Republic of Kosovo to impose an interim measure, namely Applicant’s release from detention, The Applicant alleges that […] “the District and the Supreme Court in Prishtina, as public authorities, by ignoring and delaying the investigative and court procedure” have violated his individual rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution, Articles 5,3 and 5,4 [Right to Liberty and Security] and Article 6,1 [Right to a Fair Trial] of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, In the present Referral, the justifications of the prosecution and the courts for continued detention refer to the seriousness of the crime, the circumstances of its commission, the cold-bloodedness of the accused and, therefore, the defendant’s risk of fleeing and of repeating the offence or committing a similar offence, These circumstances appear to be essentially attributable to the complexity of the case, which make the Court unable to determine that the length of proceedings is unjustified, The Court concluded that the facts presented by the Applicant did not in any way justify the allegation of a violation of the constitutional rights and the Applicant did not provide evidence that its rights and freedoms guaranteed by the Constitution have been violated by the regular courts, The Court also noted that the Applicant has not shown that if the interim relief is not granted how his interests would suffer unrecoverable damages, and, therefore, it did not approve the request for imposition of interim measure