Constitutional Court

The Applicant filed the Referral based on Article 113,7 of the Constitution and Article 27 of the Law on the Constitutional Court, claiming that his constitutional rights have been violated by the decisions of the Supreme Court of the Republic of Kosovo, The Applicant among others requested to be released from the psychiatric ward of detention and to be placed in a civil health care institution due to his health condition, The Supreme Court held that the Applicant remains in detention until the matter is resolved by the lower instance court, The Court noted that the Applicant’s referral is premature because the Supreme Court had referred the Applicant’s case back to the lower courts for retrial, The Court further elaborated on the principle of subsidiarity and the exhaustion of legal remedies and rejected the Applicant’s request to impose interim measures, The Court also reiterated that the issues of facts and laws are under the jurisdiction of the regular courts and that they are independent in interpretation of such matters, Due to the abovementioned reasons, the Court, pursuant to Article 113,7 of the Constitution, Article 27 of the Law, and Rule 36 (1) a) of the Rules of Procedure, decided to reject the Referral as inadmissible