Resolution

Constitutional Review of the Judgment of the Supreme Court in Prishtina Rev. no. 49/2010 dated 01 February 2013

Case No. KI 62/13

Applicant: Tahir Morina

The Referral is based on Article 113,7 of the Constitution, Article 47 of the Law on the Constitutional Court of the Republic of Kosovo no, 03/L-121 of 15 January 2009, and Rule 56 of the Rules of Procedure of the Constitutional Court, On 23 April 2013, the Applicant submitted Referral to the Constitutional Court of the Republic of Kosovo and sought from the court the constitutional review of the Decision of the Supreme Court of Kosovo, The Applicant alleges that his rights from Article 31 of the Constitution (Right to Fair and Impartial Trial) in conjunction with Article 358, paragraph 5 362-370, and in particular of Article 371 of the Criminal Code of Kosovo (hereinafter: CCK) have been violated, The President with Decision (no, GJR,62/13 of 29 April 2013), appointed Judge Kadri Kryeziu as Judge Rapporteur, On the same day, the President with Decision no,KSH,KI 62/13 appointed the Review Panel composed of Judges: Almiro Rodrigues,Ivan Čukalović and Enver Hasani, The court having examined the documents submitted by the Applicant, does not find any indication that the proceedings before HPCC and regular courts were in any way unfair or tainted by arbitrariness, For all the aforementioned reasons, the Constitutional Court of Kosovo concluded that the case is manifestly ill-founded

Applicant:

Tahir Morina

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil