Constitutional Court

The applicant filed a Referral pursuant to Article 113,7 of the Constitution of Kosovo alleging that “In the case file of the criminal offence, which was closed with the Judgment of the Municipal Court of 18 December 2012 becoming final, the court order of the pre-trial judge is missing, i,e, the order for tapping calls and SMS, which leads to violation of the right to privacy for an individual through illegal interception of communication, a right guaranteed by Article 36 of the Constitution of Kosovo,” Furthermore, the Applicant requests the Court not to have his identity disclosed because he is an official person, On the issue of the admissibility of the Referral, the Court held that the Referral was inadmissible because the Applicant has not pursued available legal remedies for the alleged violation of his right to privacy, As to the Applicant’s request for not having his identity foreclosed, the Court rejects it as ungrounded, because no supporting documentation and information was provided on the reasons for the Applicant not to have his identity foreclosed