Resolution

Constitutional Review of the Judgments of the District Court of Mitrovica, P. No. 211/06, dated 1 November 2007, of the Supreme Court of Kosovo, Ap. No. 48/2008, dated 14 May 2008 and of the Supreme Court of Kosovo,


Pzd. No. 118/2010

Case No. KI 13/11

Applicant: Jeton Salihu and Mentor Salihu

The applicants filed the referral pursuant to Article 113,7 of the Constitution of Kosovo, thereby claiming that their constitutional rights were violated by the judgment of the Supreme Court of Kosovo, which upheld the convicting judgment of the District Court on the charges against the Applicants for murder and bodily injuries, The Applicants claimed that the District Court and the Supreme Court had violated their rights and freedoms as guaranteed by Articles 24, 30 and 31 of the Constitution of Kosovo, and Article 6 of the European Convention for Protection of Human Rights and Freedoms, The Court found that the referral of applicant was inadmissible, pursuant to the Rule 56,2 of the Rules of Procedure, since the applicants have not substantiated their allegations as required by Law and Rules of Procedure, The Court argued its decision by emphasizing that the Supreme Court had found that expert witnesses corroborate the witness testimonies, Quoting its case law in the case no, KI, 06/09, Applicant X v, Judgment of the Supreme Court no, 215/2006; Judgment of the District Court no, 741/2005; judgment of the Municipal Court no, 217/2004, the Court further noted that the fact that the applicants are discontented with the outcome of the case does not entitle them to make an arguable case for violation of constitutional rights and freedoms, Due to the reasons provided above, the Court decided to find the referral of Applicant as inadmissible

Applicant:

Jeton Salihu and Mentor Salihu

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Criminal