Constitutional Court

The applicant, Raim Gashi, filed a Referral pursuant to Article 113,7 of the Constitution of Kosovo challenging the Judgment of the Supreme Court of the Republic of Kosovo, Pml, no, 33/2013, of 30 April 2013, as being taken in violation of “[…] criminal procedure provisions, Article 403, paragraph 1, item 8 and 12 of the Criminal Code of Kosovo […]”, The Applicant alleged that “[…] both the judgment of the District Court P, no, 212/2009, of 19,03,2010, and the judgment of the Supreme Court of Kosovo, Ap, no, 304/2010, of 27,06,2012, contain substantial violations of criminal procedure provisions, as per Article 403, paragraph 1, item 8 and 12 of the PCPCK, which are of absolute nature, Both judgments are grounded upon inadmissible proof – the identity of my client has not been validated – since he is not the offender, The criminal law has also been violated, due to the fact that he was found guilty of a crime he has not committed, and for which the case files contain no evidence, The whole judgment is built upon and concluded on a group of people in Ferizaj, and then, without any grounds, the accused Raim Gashi, is included, although he has nothing to do with the accused,”, On the issue of the admissibility of the Referral, the Court held, that the Referral was inadmissible because the Applicant failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness, Hence, the Court held that the Referral was manifestly ill-founded pursuant to Article 113 (1) of the Constitution, Article 48 of the Law on Court and Rule 36 (1,c) of the Rules of Procedure