Resolution

Constitutional Review of Supreme Court Judgment, Pn-Kr 56/2006, Supreme Court Judgment Ap. No. 52/2004 and District Court of Pristina Judgment P. Nr. 94/01

Case No. KI 66/11

Applicant: Astrit Shabani

The applicant filed the referral pursuant to Article 113.7 of the Constitution of Kosovo, thereby claiming that his constitutional rights were violated by the judgment of the Supreme Court of Kosovo, which upheld the sentence of imprisonment of the Applicant as rendered by the District Court in Prishtina. The applicant claimed, without quoting any specific constitutional provision, that his constitutional rights were violated by the sentence grounded upon inexistent evidence and false proof.

The Court found that the referral of applicant was inadmissible, pursuant to Rule 36 (3) (h) of the Rules of Procedure. Quoting its case law in the case KI 25/09 Shefqet Haxhiu v. Workers Organization of the “Battery Industry” and the decision of the ECtHR in the case of Blećić v. Croatia, the Court further noted that the referral was ratione temporis incompliant with the Constitution. Due to the reasons provided above, the Court decided to find the referral of Applicant as inadmissible.

Applicant:

Astrit Shabani

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is the Court doesn't have jurisdiction ratione temporis

Type of procedure followed before other institutions :

Criminal