Constitutional Court

The Applicant claimed that the former District Court in Prizren, by Decision KA, No, 31/2012 dated 14 March 2012, violated his constitutional rights guaranteed by Article 31 of the Constitution, The Applicant alleged that the judicial authority, by the abovementioned Decisions, committed a violation of criminal law and violation of his fundamental rights, by accusing and keeping him unfairly in the detention on remand for the criminal offence of “aggravated murder in co-perpetration” under Article 147, paragraph 1, item 4 e of PCCK, He claimed that the court is not impartial, because of family ties between the Prosecutor and the Forensic Doctor with the victim of the alleged murder, The Court in this case reviewed the matters regarding the pre-trial proceedings and regarding the main hearing of the case, In the first, the Court noted that the Applicant did not show by any evidence, how and why the former District Court in Prizren violated his rights and fundamental freedoms guaranteed by the Constitution, Whereas, as for the main hearing of the case, the Court found that the Referral is premature since the case was still pending with the regular courts, Therefore, In accordance with the principle of subsidiarity, the Applicant was obliged to exhaust all legal remedies provided by law, as stipulated by Article 113,7 of the Constitution, In all, the Referral was found inadmissible