Constitutional Court

KI07/20, Applicant: Arben Shala, constitutional review of Judgment Pml. No. 284/2019 of the Supreme Court of 4 November 2019, in conjunction with Judgment PAKR. No. 182/2019, of the Court of Appeals of 23 May 2019, and Judgment  Pkr. No. 67/2018 of the Basic Court, Serious Crimes Department

KI07/120, Resolution on inadmissibility of 10 June 2020, published on 22. July 2020

Keywords: Individual referral, house arrest, gathering of evidence in an unlawful manner, interim measure, public hearing, resolution on inadmissibility.

The Applicant submitted the Referral to the Court stating that his criminal proceedings were unfair pursuant to Article 31 of the Constitution in conjunction with Article 6 of the ECHR, and thus that there has been a violation of Article 29 of the Constitution and Article 5 paragraphs 3 and 4 of the ECHR, because he was unlawfully deprived of liberty.

Analyzing the allegations of the Applicant, the Court found that there has been no violation of Article 5 paragraphs 3 and 4 of the ECHR, because the courts complied with all procedural guarantees.

The Court also found as ungrounded all other allegations related to the violation of Article 31 of the Constitution in conjunction with Article 6 of the ECHR. More specifically, the Court came to such conclusions after a comprehensive analysis of all the allegations, which had individually addressed in the Referral.

Therefore, the Court rejected the Applicant’s request for the imposition of interim measure. The Court also rejected the Applicant’s request to hold a public hearing.