Constitutional Court

The Applicant filed the referral with the Constitutional Court on 18.02.2011.

The Applicant filed the referral in accordance with Article 113, paragraph 7 of the Constitution of the Republic of Kosovo, Article 49 of the Law, and Rule 36, paragraph 1(b) of the Rules of Procedure.

The Applicant claims that by challenged judgments, her rights to fair and impartial trial, and specifically her right to adequate professional defence in criminal procedure, were violated.
By Decision no. GJR. 21/11, on 02.03.2011, the President of the Court appointed Judge Ilirijana Islami as Reporting Judge.
On 02.07.2012, the President appointed Judge Altay Suroy as Reporting Judge instead of Judge Iliriana Islami.
On 30.o6.2009, as per judgment of the District Court in Prizren P.no. 187/08, the applicant was found guilty and sentenced to imprisonment to 18 years, for the committed criminal offence of aggravated murder, as per Article 147, paragraph 1, item 4, and the criminal offence of Unauthorized Ownership, Control, Possession or Use of Weapons, as per Article 328, paragraph 2, of the Provisional Criminal Code of Kosovo.

The Applicant demands from the Constitutional Court to assess whether the judgments challenged were rendered in violation of the rights guaranteed by the Constitution, thereby ordering reopening of the criminal procedure at regular courts.

On 03.07.2012, upon review of the Reporting Judge report, the Review Panel recommended the full Court on inadmissibility of referral.
The Court noted that the Referral was filed with the Constitutional Court on 18.02.2011, which means that the referral was filed beyond the deadline of four months, as provided by Article 49 of the Law.
Thereupon, in accordance with Article 113, paragraph 7 of the Constitution of the Republic of Kosovo, Article 49 of the Law, and Rule 36 of the Rules of Procedure, the referral had to be rejected as inadmissible.

Pursuant to Article 113, paragraph 7 of the Constitution, Articles 48, 49 and 56 of the Law on the Constitutional Court, the Constitutional Court unanimously decided to reject the referral as inadmissible.