Resolution

Constitutional review of Judgment of the Supreme Court of Kosovo, Pml. no. 13/2013 of 30 April 2013

Case No. KI 97/13

Applicant: Tahir Bytyqi

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The Applicant filed the Referral based on Article 113,7 of the Constitution of the Republic of Kosovo, Article 47 of the Law No, 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rules 28 and 54 of the Rules of Procedure of the Constitutional Court of the Republic of Kosovo, The Applicant submitted the Referral to the Constitutional Court of the Republic of Kosovo on 8 July 2013, requesting constitutional review of the Judgment of the Supreme Court of Kosovo, The Applicant alleged that the Judgment of the Supreme Court of Kosovo has violated Article 31 [Right to Fair and Impartial Trial] of the Constitution of Kosovo, By Decision of the President, (No, GJR, KI97/13 of 5 May 2013), Judge Kadri Kryeziu was appointed as Judge Rapporteur, On the same day, by Decision of the President no,KSH,KI97/13, the Review Panel was appointed, composed of judges: Altay Suroy (Presiding), Almiro Rodrigues and Ivan Čukalović, During the case review, the Court has found that there is nothing in the Referral to indicate that the proceedings were partial or that the proceedings were unfair; the Applicant has failed to explain why and how his rights were violated, he has failed to substantiate prima facie the allegation on constitutional grounds and he failed to provide evidence showing that his rights and freedoms, such as his right guaranteed by Article 31 of Constitution were violated by regular courts, Hence, the Court found that the Applicant’s allegations were not substantiated and therefore they should be rejected as manifestly ill-founded, Taking into consideration all the circumstances of the Referral, the Constitutional Court of Kosovo, in the session of 16 October 2013, decided to reject the Referral as inadmissible since the presented facts do not in any way justify the allegation of a violation of the constitutional rights

Applicant:

Tahir Bytyqi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Criminal