Resolution

Constitutional Review of the Judgment of the District Court in Prishtina P.no.529/2008 of 1 December 2010

Case No. KI 70/13

Applicant: Asllan Bahtiri

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The Applicant has filed his referral in compliance with Article 113,7 of the Constitution of Kosovo, challenging the judgment of the District Court in Prishtina, P,no,529/2008 of 01 December 2010, by which the Applicant was found guilty of the criminal offence of murder, and by final judgment sentenced to imprisonment of two years and eight months (2 years and 8 months), a physical copy of which the Applicant refused to receive, The Applicant alleged that the right to defence against the offence charged upon him was violated, and he claims that the (offence) was committed in Germany in 1998, while he was being tried in Kosovo; he demanded return to Germany, for the trial to be held there, where evidence are held, The Judgment of the District Court in Prishtina, P,no, 529/2008 of 01 December 2010, was upheld by the Judgment of the Supreme Court of Kosovo, Ap,no, 77/2011, of 18 January 2012, The judgment became final on 18 January 2012, while the Applicant filed his referral with the Constitutional Court on 14 May 2013, Deciding upon referral of Applicant Asllan Bahtiri, the Constitutional Court reviewed the proceedings in their entirety, and found that the referral is inadmissible for review, in compliance with Article 49 (Timelines) of the Law, and Rule 36 (1b) of the Rules of Procedure, since the Referral was filed beyond the deadline of four months from the service of the ruling on the last effective legal remedy on the Applicant

Applicant:

Asllan Bahtiri

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referrals is filed out of time

Type of procedure followed before other institutions :

Criminal