Resolution

Constitutional review of the Decision of the Appellate Panel of the Special Chamber of the Supreme Court ASC-11-0035, dated 23 November 2012

Case No. KI 24/13

Applicant: Gani Visoka and Ismajl Zhitia

The Applicants allege that the Appellate Panel of the Special Chamber of the Supreme Court violated their rights to a fair and impartial trial as guaranteed by Article 31 of the Constitution and Article 6 (1) of ECHR, The Applicants allege that the Appellate Panel of the SCSC had denied them a fair hearing on the merits of their complaint, because their complaints regarding the workers list had been declared inadmissible because out of time, The Applicants argue that, when the original list, as published on 4, 5 and 7 March 2009, had been declared null and invalidated by the Trial Panel of the SCSC, thereby the deadline for submission of complaints against this list had also become null and invalid, When the PAK informed the Special Chamber on 15 October 2009 that a revised list had been adopted, automatically a new deadline should have come into effect for the submission of complaints, It should be considered irrelevant that the revised list was identical to the original list, The Applicants further argue that the Special Chamber of the Supreme Court, by reverting back to the original deadline for the submission of complaints against the original list, had invalidated their complaints, and thereby denied them a hearing on the merits of their claims, The Constitutional Court finds that the Applicants’ claims have not been substantiated and must be rejected as manifestly ill-founded

Applicant:

Gani Visoka and Ismajl Zhitia

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil