Constitutional Court

The applicant filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Supreme Court Judgment, Pkl. No. 70/2012, of 22 June 2012, because the Supreme Court without any firm reasoning, did not examine the evidence proposed by the defense. Furthermore, the Applicant requested interim measures because “If a favourable judgment of the Constitutional Court would cause possible retrial of the case, where the Applicant would be acquitted of responsibility, then the absence of such an interim measure would subject the Applicant to serving an unlawful and undeserved sentence.”, On the issue of the interim measures the Court concluded, without prejudging the final outcome of the Referral, that the Applicant put forward enough convincing arguments that the implementation of Decision of the Supreme Court, Pkl. no. 70/2012 of 22 June 2012, and the order of sentence of the Judgment of District Court in Prishtina, P. no. 485/09 of 26 November 2010, and the Judgment of the Supreme Court, Ap. no. 134/2011 of 8 March 2012, and deprivation of his freedom may result in unrecoverable damages for the Applicant. Therefore, the Court granted interim measures for the duration until 31 December 2012 from the date of the adoption of this Decision