Constitutional Court

The Applicant filed the Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Resolution of the Supreme Court of Kosovo, P. Z. D. 96/2011 dated 23 December 2011, by which the court rejected as ungrounded the extraordinary remedy – request for extraordinary mitigation of sentence.

The Applicant stressed that the challenged decision and judgment violated his rights guaranteed by the Constitution of the Republic of Kosovo and prescribed in Article 31 [Right to a Fair and Impartial Trial] because during the trial it was not proven by any evidence that the Applicant committed the offence he was charged with, i.e. extortion, for which he was found guilty and sentenced to 2 (two) years and 6 (six) months for the criminal offence of extortion pursuant to Article 267.2 PCPCK.

The Applicant considered that Article 31 [Right to a Fair and Impartial Trial] of the Constitution and Article 6 [Right to a Fair Trial] of the ECHR were violated.

Deciding on the Applicant’s, Bali Dellova’s, Referral, the Constitutional Court, after reviewing the proceedings in their entirety, did not find that the relevant proceedings with the regular courts were in any way unfair or tainted by arbitrariness. Therefore, the Court concluded that the Referral is manifestly ill-founded since the presented facts do not in any way justify the allegation of a violation of the constitutional rights.