Constitutional Court

KI47/20, Applicant: Arben Boletini, Constitutional review of Decisions of the Basic Court in Prishtina, PPR. no. 47/17, of 3 February 2017, and P. no. 820/2017, rendered on 27 February 2017; 20 April 2017 and 22 May 2017

KI47/20, Decision to reject the referral, adopted on 10 November 2020

Key words: individual referral, decision to summarily reject the referral, incomplete referral.

1. The Basic Court, by Decision PPR. no. 47/17, of 3 February 2017, based on the motion of the Basic Court in Prishtina, imposed on the Applicant the measure of detention on remand for a period of one (1) month, deciding that the Applicant’s detention be held at the Institute of Forensic Psychiatry, until the finalization of his psychiatric examination at this Institute. On 24 February 2017, the Basic Prosecution in Prishtina filed an indictment due to suspicion of committing the criminal offense “Threat” under Article 185, paragraph 2 of the Criminal Code 04/L-082 of the Republic of Kosovo and proposed to impose against the Applicant the detention on remand at the Institute of Forensic Psychiatry. On 20 April 2017, the Basic Court decided that the Applicant’s detention be terminated and that he be defended at liberty. While on 22 May 2017, the Basic Court, by Decision P.no. 820/2017, found that the Applicant had committed the criminal offense “Threat” and, inter alia, decided to impose on the Applicant the measure of mandatory psychiatric treatment at liberty and to oblige to the Applicant “to undergo continuous medical examination at the Psychiatric Clinic”.  

2. The Applicant had explicitly stated in the Referral form that he is challenging the Decision P. no. 820/2017 of the Basic Court, of 20 April 2017, whereby it was decided to terminate his detention. Moreover, the Applicant had not provided any information whether he had exhausted all legal remedies before regular courts. Consequently, through a letter of 4 June 2020, the Court requested the Applicant to specify which specific Decision of the Basic Court he is challenging and to inform the Court whether he has exhausted all legal remedies against the Decision he is challenging. The Applicant had received the notification of the Court and the request for additional information on 23 June 2020. However, until the day of adoption of this Decision, the Court has not received any response to the letter of the Court, of 4 June 2020.

3. Based on the above mentioned ascertainments, the Court considered that the Applicant’s Referral does not meet the procedural criteria for further consideration due to its non-completion with supporting documentation and clarification, as requested by the Court, pursuant to Article 22.4 of the Law and Rule 32 (2) (h) of the Rules of Procedure. Consequently, the Court, in accordance with the Article 48 of the Law and Rule 35 (5) of the Rules of Procedure, concluded that the Referral is to be summarily rejected.