Constitutional Court

The applicant’s, Mr. Shkelqim Devolli, Blerim Devolli and Ismet Bojku, filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Decision of the District Court of Pristina, Ka. no. 417/11, dated 23 March 2012, as being taken in violation of their rights guaranteed by Article 6 [Right to a fair trial] of ECHR, because the Applicant’s could not confront one of the key witness of the Prosecutor, the defence has provided with enough of arguments proving the innoncence of the Applicant’s and that the the Prosecutors’ office has contributed to the public campaign against the Applicant’s, Further, the Applicant’s requested the Court to impose interim measures, On the issue of the admissibility of the Referral, the Court held, that the Referral was inadmissible because the Applicant’s failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness. Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1.c) of the Rules of Procedure. Moreover, the Court noted that the case was still pending before the regular court, where the Applicant would still be able to raise their complaints before the trial Judge about the alleged violation of their rights during the pretrial period. Thus, the Court considered that there is no final decision yet to be challenged before the Court Furthermore, as to the request for interim measure the Court held that taking into account that the Referral was found inadmissible, the Applicants are not entitled under Rule 54 (1) of the Rules of Procedure to request interim measures