Constitutional Court

The applicant filed a Referral based on the Article 113.7 of the Constitution, Articles 46, 47, 48 and 49 of the Law no. 03/L-121 on the Constitutional Court of the Republic of Kosovo (hereinafter: Law), and rule 56 (2) of the Rules of Procedure of the Constitutional Court of the Republic of Kosovo (hereinafter: Rules), The applicant filed his referral to the Constitutional Court on 20 December 2011, The President of the Court, on 17 January 2011, appointed Judge Robert Carolan as Judge Rapporteur, and the Review Panel composed of: Altay Suroy (Presiding), Gjyljeta Mushkolaj and Iliriana Islami, On 16 February 2012, the Court received additional documents related to the Referral from the representative of the Applicant, The President of the Court, on 13 July 2012, appointed the Review Panel composed of Judge Snezhana Botusharova (Presiding), Enver Hasani and Ivan Čukalović, On 19 November 2009, the District Court in Mitrovica rendered judgment K. no. 134/2008, and found the Applicant guilty of the following criminal offences: (a) Inciting National, Racial, Religious or Ethnic Hatred, Discord or Intolerance, in violation of Article 115.3, in connection with Paragraph 1 of the Criminal Code of Kosovo (CCK), (b) attempted aggravated murder, in contradiction to Articles 146 and 147, in connection to Article 20 of the CCK. As an outcome, the Applicant was convicted to imprisonment of 6 years and 6 months, starting from 14 June 2008, The Applicant claimed the violation of Article 24 [Equality before Law] and Article 31 [Right to Fair and Impartial Trial] of the Constitution. In this respect, the Applicant claims that the Supreme Court judgment challenged must be annulled, The applicant claims that due to the fact that the Supreme Court rendered what seems to be a different judgment in a case, which he claims to be similar to his case, his rights to equal treatment, in accordance with Article 24 of the Constitution, and Article 7 of the Universal Declaration on Human Rights, were violated. He also claims his rights to fair trial, according to Article 31 (1) and (2) of the Constitution, Article 6 (1) of the European Convention on Human Rights, and Article 10 of the Universal Declaration on Human rights, were violated, The Court noted that the applicant was not able to prove that his case was factually or legally identical to any other case in the Supreme Court, in which it would be obvious that the Supreme Court has rendered a different legal conclusion on the same procedural law applied to his case, To establish a Constitutional violation, the Applicant must provide evidence that one regular court has rendered two or more contradictory legal or factual conclusions. The Applicant was not able to corroborate his allegation on unfair trial, In this referral, the Applicant merely stated that the Supreme Court of Kosovo was in contradiction in its legal interpretation of the Criminal Procedure Code. Such allegations, without evidence, render this referral manifestly ungrounded, Therefore, pursuant to Article 113.7, Articles 48 and 56 of the Law, and Rule 36 of the Rules of Procedure of the Constitutional Court, in its session held on 13 June 2012, the Constitutional Court unanimously decided to accept the referral as admissible