Constitutional Court

The Applicant had filed a referral pursuant to Article 113.7 of the Constitution, alleging that the Supreme Court Judgment, A. No. 551 of June 20, 2011, by which is rejected his claim against the decision of the Independent Oversight Board (A. 02/63/2011, of 17 May 2011), that had violated the Applicant’s rights, guaranteed by Article 113.8 [Jurisdiction and Authorized Parties] of the Constitution and article 6.1 [Right to a Fair Trial] of the European Convention for the Protection of Human Fundamental Rights and Freedoms, The Court considered that the applicant was supposed first, to appeal to the Supreme Court, The fact that the applicant did not appeal in the Supreme Court against the alleged violation of his rights to a fair trial, shows that not all legal remedies available by the regular legal system have been exhausted, Court concluded that the Applicant’s referral does not meet the admissibility requirements provided by the Article 113.7 of the Constitution, Article 47 (2) of the Law on the Constitutional Court and Rule 36 (1) of the Rules of Procedure