Constitutional Court

The Applicant, a police officer convicted of an on-duty theft, filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his right to work and exercise his profession under Article 49 of the Constitution was infringed by a judgment of the Supreme Court, which rejected his appeal of the Lipjan Municipal Court conviction for lack of specificity, and challenging a Kosovo Police decision terminating his employment. The Applicant contended that police and other prisoners physically abused him during his detention, that his conviction was politically motivated, the evidence was fabricated and insufficient to support his conviction and that his lawyer failed to follow his instructions to appeal the conviction, As for the Supreme Court complaint, the Court held that the Referral was manifestly ill-founded and inadmissible pursuant to Article 113.7 because he had failed make a prima facie showing that particular Constitutional rights and freedoms were violated and because he had waived his appellate rights, The Court held that the Kosovo Police complaint was inadmissible because the Applicant failed to exhaust all of his legal remedies before submitting the Referral, noting that his complaint to the Ministry of Internal Affairs was pending, Finally, the Court held that the Referral was inadmissible in general since it had not been submitted within the mandatory 4-month deadline, which ran from the date of the Municipal Court decision