Constitutional Court

KI 11/21 Applicant, Sami Nuhaj, Request for constitutional review of Judgment PML. No. 325/2020 of the Supreme Court of 16 December 2020
KI 11/21, Resolution on inadmissibility of 25 March 2021, published on 1 June 2021

Keywords: natural person, criminal case, request for interim measure, request for holding a public hearing, resolution on inadmissibility

The Applicant founded a construction company and that during the execution of works on the construction site, one of the workers had an accident, as a result of which he died.

The Prosecution filed an indictment against the Applicant, as a responsible person, for a criminal offense “in co-perpetration destroying, damaging or removing safety equipment and endangering work place safety under Article 367 par. 2 in conjunction with par. 7 and 3 and Article 31 of the Criminal Code of Kosovo”.

The Basic Court found the Applicant guilty, sentencing him to imprisonment. The Court of Appeals and the Supreme Court upheld the judgment of the Basic Court.

The Applicant addressed the Constitutional Court alleging, inter alia, violation of Article 31 [Right to Fair and Impartial Trial], Article 33 [The Principle of Legality and Proportionality in Criminal Cases], of the Constitution, as well as Articles 6 (Right to a fair Trial) and 7 (No punishment without law) of the European Convention on Human Rights, stating that the courts did not reason their decisions and that the analogy was applied in his case.

After analyzing the case file as well as the Applicant’s allegations, the Court found that the regular courts adhered to the principles of Article 31 of the Constitution and Article 6 of the ECHR in relation to reasoned decisions, and that there was no use of analogy in his case.

Therefore, the Court rejected the Applicant’s Referral as ungrounded.