Constitutional Court

The Applicant submitted Referral pursuant to Article 113,7 of the Constitution of Kosovo, by requesting the constitutional review of the Judgment of the Supreme Court of Kosovo Pkl,no, 5/2013 of 4 March 2013, The Applicant considered that “by Judgment of the Supreme Court of Kosovo, in the procedure for protection of legality as well as by the abovementioned judgments in the legal proceedings, the right to a fair, impartial and ewual trial were violated,”, At the same time, the Applicant requested the imposition of interim measure, “taking into consideration that the Applicant is sentenced to 3 years and 6 months imprisonment and at any time he might be called to serve his sentence, he considers that until the decision on the subject matter, the proposed interim measures can be imposed to delay the serving of the sentence in order that the irreparable damage to be avoided in case the basic request is successful,” Deciding on the Referral of the Applicant Jashar Avdullahit, after reviewing the proceedings in entirety, the Constitutional Court, from the case file found that the District Court in Gjilan by Judgment P,no, 138/2011, of 24 February 2012, explained in details why it accepted some evidence and rejected some others, as well as on the basis of which factual situation it came to conclusion that the Applicant committed criminal offence, by taking into consideration both, aggravating and mitigating circumstances, when pronouncing the sentence, Based on the above, the Constitutional Court has not found that the respective procedures were in any way unfair or arbitrary, Therefore, the Court concluded that the Referral is manifestly ill-founded, because presented facts do not in any way justify the allegation of violation of any constitutional right, At the same time, the Court rejected the Applicant’s request for interim measure, with a justification that the latter has not submitted any convincing evidence, which would justify the imposition of interim measure as necessary to avoid irreparable damage, or an evidence that such a measure is in public interest