Constitutional Court

The Applicant alleges that the Judgment of the Supreme Court violated his constitutional rights guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 33 [Principle of legality and Proportionality in Criminal Cases] as well as violation of Article 6, in conjunction with Article 13 of ECHR, The Applicant requested the Constitutional Court to annul the judgment of the District Court and two judgments of the Supreme Court and to return the case to retrial in the District Court in Prishtina, according to instructions regarding the use of the standard of the proof beyond any reasonable doubt, as well as the interpretation of the criminal law in accordance with the principle of presumption of innocence, In this case, the Constitutional Court notes that the grounds of appeal to the Supreme Court, either on second instance or on protection of legality, consist of allegations related with substantial violation of the provisions of the criminal procedure, erroneous and incomplete determination of factual situation, violation of criminal law and the decision on criminal sanction, The Court considered that those allegations may be of the domain of legality, The Constitutional Court further notes that before the District and Supreme Courts no allegation was made by the Applicant on the basis of constitutionality, either implicitly or in substance raising an alleged violation of his fundamental freedoms and human rights guaranteed by the Constitution, Therefore, the Court concluded that the Applicant has neither built nor shown a prima facie case either on the merits or on the admissibility of the Referral, In all, the Court concluded that the Referral is inadmissible as manifestly ill-founded, As to the request for interim measure, the Court further considered that, the referral being inadmissible as manifestly ill-founded, the request for interim measures is without object and thus it is rejected