Resolution

Constitutional Review of the District Court of Peja Judgment P.no.46/2001 dated 8 October 2001, Supreme Court of Kosovo Judgments Ap.nr.14/2002 dated 27 June 2002, API.nr.3/’07 dated 23 November 2007 and Supreme Court of Kosovo Decision Pr.no.20/2010 dated 11 March 2010

Case No. KI 131/10

Applicant: Fatbardh Gabraj

The Applicant submitted the Referral based on Article 113.7 of the Constitution of Kosovo, alleging that his constitutional rights were violated by decisions of the Supreme Court, by which the Applicant alleged that his trial and conviction by imprisonment was unfair and unconstitutional, The Court found that the Referral of the Applicant was out of time, because it was not submitted within the time limit provided by Article 49 of the Law on Constitutional Court. The Court stated that even if the Referral was filed within legal time limit provided by Article 49 the Law on Constitutional Court, it would be rejected as inadmissible, because the procedures in regular courts were not unfair or tainted by arbitrariness. Citing the case Mezotur-Tiszazugi Tarsulat against Hungary from the ECHR practice, the Court further reasoned that the fact that the applicants are dissatisfied with the final outcome of their case does not imply the violation of rights and freedoms, guaranteed by the Constitution. For the abovementioned reasons, the Court decided to reject the Referral of the Applicant as inadmissible

Applicant:

Fatbardh Gabraj

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referrals is filed out of time

Type of procedure followed before other institutions :

Criminal