Constitutional Court

The applicants filed the referral pursuant to Article 113.7 of the Constitution of Kosovo, thereby claiming that her constitutional rights and freedoms were violated by judgments of all instances on the Applicant’s rights, in which case the Applicant was sentenced to imprisonment on charges, inter alia, for the criminal offence of murder. The Applicant claimed that ordinary courts at all instances had violated their rights and freedoms guaranteed by Articles 30, 31, 33 of the Constitution of Kosovo, and Article 5 (1), Article 6 (1) (2) and Article 14 of the European Convention on Human Rights, The Court found that the referral of applicants was inadmissible, pursuant to the rule 36 of the Rules of Procedure, due to the fact that the referral was manifestly ungrounded. The Court further argued its decision by noting that ordinary courts have taken into consideration and have responded to complaints of the Applicants to legal issues concerning acceptance of evidence and their validity, ascertainment of factual situation and criminal proceeding. The Court also reiterated that it is not a court of appeal, or a court of fourth instance, and that the full and complete ascertainment of factual condition is a jurisdiction of ordinary courts. Quoting the decision of the ECtHR in the case of Mezotur-Tiszazugi Tarsulat v. Hungary, the Court further argued that the fact that the applicant is discontented with the outcome of the case does not entitle him to make an arguable case for violation of constitutional rights and freedoms. Due to the reasons provided above, the Court decided to find the referral of Applicant as inadmissible.