Resolution

Constitutional review of Supreme Court Judgment Pkl.no.164/2012 dated 5 December 2012, Decision Ap.no. 4/12 of District Court of Prishtina dated 28 September 2012, Judgment P.no.601/08 of Municipal Court in Prishtina dated 3 October 2011, and Decision P.no.601/08 of Municipal Court in Prishtina dated 20 December 2011

Case No. KI 22/13

Applicant: Sokol Mushkolaj

The Applicant filed the Referral based on Article 113,7 and 116,2 of the Constitution, claiming that his constitutional rights have been violated by decisions of the regular courts of the Republic of Kosovo, The Applicant, among others, claimed that the right to fair trial and the principle of legality and proportionality have been violated because the criminal prosecution instituted against him should have been terminated due to the statute of limitations as provided by the Provisional Criminal Code of Kosovo and that the regular courts did not serve the decision upon him in person as provided by provisions of the Provisional Criminal Code of Kosovo, The Court noted that there was no evidence in the Referral suggesting that the regular courts had tried the Applicant beyond the statute of limitation or served the decision upon him in an unlawful manner, As to the Applicant’s request for imposition of interim measures and non-disclosure of his identity, the Court considers that the request for interim measures did not meet the requirements established in Article 116,2 of the Constitution and in Article 27 of the Law, whereas the Applicant’s request for non-disclosure of his identity was rejected by the Court because it was not reasoned, Due to the abovementioned reasons, the Court, pursuant to Articles 113,7 and 116,2 of the Constitution, Articles 20 and 27 of the Law, and Rules 36 (1) c) and 54 of the Rules of Procedure, decided to reject the Referral as inadmissible

Applicant:

Sokol Mushkolaj

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Criminal