Resolution

Constitutional Review of the Decision of the Supreme Court of Kosovo, Pkl.no.120/2012, dated 29 November 2012

Case No. KI 36/13

Applicant: Mursel Kosumi

The Applicant alleges that the District Court on appeal, and the Supreme Court of Kosovo on the request for protection of legality, violated his right to judicial protection of his rights as guaranteed by Article 54 of the Constitution, The Applicant alleges that the courts are required to review and assess all evidence submitted by the parties, and to include reasons in their judgments as to how the evidence has been evaluated, The Applicant argues that the new evidence that he submitted at the District Court, namely the contract with the co-accused and the statement of the co accused, were crucial new facts that neither the District Court nor the Supreme Court took into account in their decisions, The Applicant asserts that this constitutes a denial of justice, Furthermore, the Applicant insists that the evidence shows that he had neither the required intent to commit fraud, nor did he gain any material benefit from the alleged fraud, and that, therefore, he could not reasonably have been found guilty of this offence, The Constitutional Court finds that the Applicant’s claims have not been substantiated by evidence and must be rejected as manifestly ill-founded

Applicant:

Mursel Kosumi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Criminal