Resolution

Constitutional review of the Judgment of the Supreme Court Pml.No.83/2013, dated 19 June 2013

Case No. KI 129/13

Applicant: Daut Çejku

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The Applicant alleges that the Judgment of the Supreme Court, rejecting his request for protection of legality against the Judgment of the District Court in Prishtina, violated his rights guaranteed by the Constitution, namely Articles 31 [Right to Fair and Impartial Trial] and 36,2 [Right to Privacy] of the Constitution, and Article 6,1 of the European Convention on Human Rights and Fundamental Freedoms (hereinafter, the ECHR), In addition, the Applicant requests the Constitutional Court of the Republic of Kosovo to impose interim measures, namely to suspend the execution of the Judgment of the District Court in Prishtina until 31 December 2012, which sentenced the Applicant to imprisonment of 6 (six) months, The Court found that the allegations of a violation of his constitutional rights to a fair and impartial trial (Article 31 of the Constitution and Article 6 of the ECHR) and right to privacy (Article 36, 2 of the Constitution and Article 8 of the ECHR), because, according to the Applicant, the appealed judgments are based on inadmissible evidence, are ungrounded and unsubstantiated and thus manifestly ill-founded, The Court also decided that the Referral is inadmissible, and therefore there is no prima facie case for the purpose of imposing interim measures and thus the request for interim measures is manifestly ill-founded

Applicant:

Daut Çejku

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Criminal