Constitutional Court

KI48/19, Applicant: Nderim Fetahu, Constitutional review of Judgment ARJ-UZVP. No. 16/2019 of the Supreme Court of Kosovo, of 31 January 2019 

KI48/19, Resolution of 15 January 2020, published on 5 February 2020 

Keywords: individual referral, manifestly ill-founded referral, non-exhaustion of legal remedies 

The Applicant, based on the case file, was initially registered as born on 17 April 1990. Subsequently, in 2011, the Applicant was provided with the relevant documents: (i) birth certificate, as born on 17 April 1993 in the village of Sfeqël, Podujeva Municipality; (ii) certificate of citizenship, as a citizen of the Republic of Kosovo, born on 17 April 1993 in the village of Sfeqël, Podujeva Municipality; and (iii) on 21 November 2011 with the passport of the Republic of Kosovo, as born on 17 April 1993, with an expiration date of 20 October 2021.

The Applicant, after some time, applies for the correction of personal data from 17 April 1990 to 17 April 1993, but this request is rejected by the administrative authorities. In the meantime, the Applicant’s mother requests for subsequent registration in the Principal Death Register of Nderim Fetahu, born on 17 April 1990 and died on 14 July 1990, and this request was accepted by the Directorate of Administration-Civil Status Division in the Municipality of Prishtina.

In the meantime, the Applicant proceeded with the proceedings before the public authorities, requesting to be registered as born on 17 April 1993, but this was not approved by the regular courts, basing on evidence, namely the documentation possessed, as a copy of the birth register, a health booklet, the registration of the Applicant in the primary school, and a passport issued by the Consulate of the former Yugoslavia in Frankfurt, Germany, stating that the Applicant was born on 17 April 1990.

The Applicant consequently challenges before the Constitutional Court Judgment ARJ-UZVP. No. 16/2019 of the Supreme Court of Kosovo of 31 January 2019, alleging that his rights guaranteed by Articles 21, 22, 23, 24, 37, 45, 46, 47, 48, 49, 50 of the Constitution have been violated. The Applicant had two main requests (i) the request for registration as born in 1993; (ii) request to be registered as born in 1990; and furthermore alleged (iii) that he remained stateless.

The Court, analyzing the Applicant’s allegations, found that (i) as to the request for registration as born on 17 April 1993, it is manifestly ill-founded on constitutional basis (ii) as to the request for registration as born on 17 April 1990, the Applicant has not exhausted legal remedies, and (iii) as to the Applicant’s allegation that he has remained a stateless person, he does not meet the admissibility requirements as established in Article 48 of the Law and item (d) of paragraph (1) of Rule 39 of the Rules of Procedure.