DECISION to Strike out the Referral: Besnik Musa and Hekuran Muhaxhiri vs. Ministry of Internal Affairs, Kosovo Judicial Council and Ministry of Justice

Case No. KI 14/10, KI 15/10

Applicant: Besnik Musa and Hekuran Muhaxhiri

The Applicants complain that their right to freedom of movement as guaranteed by Article 35 (2) of the Constitution has been violated. The Applicants’ argue that the Municipal Court in Prishtina unfairly and erroneously interpret the applicable legal provisions failing to provide certificates in which, as alleged is a necessary document for the Ministry of Internal Affairs to issue any passport of the Republic of Kosovo.

The Applicants’ requested imposition of a interim measures in order “to avoid further discrimination and violations of the right to freedom of movement of citizens with the conditioning of any ongoing criminal procedure”.
For the foregoing reasons, further examination of the Referrals is discontinued and the Court finds that there are no special circumstances regarding respect for human rights which would require further examination of the Referral.
The Constitutional Court decides to strike out the referral.

Applicant:

Besnik Musa and Hekuran Muhaxhiri