Constitutional Court

KI141/18, Applicant: Budimir Ristić, the Request for Constitutional Review of Decision AC-1-12-0112-A0001 of the Appellate Panel of the Special Chamber of the Supreme Court on Privatization Agency of Kosovo Related Matters of 26 April 2018

KI141/18, Resolution on Inadmissibility of 10 September 2019, published on 18 October 2019 

Keywords: Resolution on Inadmissibility, right to fair trial, right to property,  

The subject matter was the constitutional review of the challenged decision, which allegedly violated the Applicant’s rights and freedoms guaranteed by Article 3 [Equality Before the Law], Article 24 [Equality Before the Law] paragraphs 1 and 2 of Article 22 [Direct Applicability of International Agreements and Instruments], Article 31 [Right to Fair and Impartial trial], Article 46 [Protection of Property] and Article 53 [Interpretation of Human Rights Provisions] of the Constitution of the Republic of Kosovo , as well as the rights and freedoms guaranteed by Article 6 (Right to a fair trial), Article 14 (Prohibition of discrimination) and Article 1 of Protocol 1 (Protection of property) of the European Convention on Human Rights.

In essence, the Applicant considered that he did not have a fair trial because during the hearing held in the Special Chamber concerning his claim for determination of property rights, he made an alternative claim to be paid a sum of money as an alternative form of compensation for the parcel of land that was not restituted to him, but allegedly someone had manipulated the minutes of the hearing and consequently the court had never discussed regarding his proposal.

Having examined the Applicant’s Referral as well as the courts’ decisions, the Court concluded that the Applicant’s allegations were unfounded, on the ground that the regular courts had examined all his allegations and the allegation that the minutes had been manipulated, for what they had provided legal reasoning based on the law.

Accordingly, the Court rejected the Applicant’s Referral pursuant to Rule 39 (2) of the Rules of Procedure.