Request for review of the judgment of the Municipal Court in Viti no. 22/2004 dated 28 May 2007, the judgment of the District Court in Gjilan no. 323/2007 dated 26 October 2007 and the judgment of the Supreme Court of Kosovo no. 52/2008 dated 10 June 2011

Case No. KI 155/11

Applicant: Avni Sahiti and other members of the Sahiti family

The Referral is based on Articles 113 (7) and 21.4 of the Constitution, Articles 20, 22.7 and 22.8 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo dated 15 January 2009.
The Applicant submitted the Referral to the Court on 1 December 2011.
On 17 January 2012, the President appointed Judge Robert Carolan as Judge Rapporteur and a Review Panel composed of Judges Altay Suroy (Presiding), Gjyljeta Mushkolaj and Iliriana Islami.
On 10 September 2002, the Municipal Court in Vitia handed down its judgment (no. P.o. 92/2002) finding AB. guilty of a traffic offence resulting in the death of Binaze Sahiti and causing serious injury to Mergim Sahiti. AB. was sentenced to 18 months in prison.
On 27 November 2003, the Municipal Court in Ferizaj concluded that it did not have jurisdiction over the compensation matter and ruled that the case be sent to the Municipal Court in Vitia.
On 28 May 2007, by judgment no. 22/2004, the Municipal Court in Vitia ordered the insurance company to pay compensation to only some of the claimants, namely the immediate family members.
The claimants then filed an appeal with the District Court in Gjilan against the decision of the Municipal Court, in relation to the compensation awarded to them.
On 26 December 2007, by judgment no. 323/2007, the District Court in Gjilan evaluated the appeal and rejected it as partly ungrounded. The District Court affirmed the decision of the Municipal Court in Vitia.
On 10 June 2011, by decision no.52/2008, the Supreme Court of Kosovo rejected the revision as ungrounded because the adjudicated amounts awarded to the claimants (the parents and siblings) by the District Court were in compliance with the substantive and procedural provisions.
The Applicant claims that the lower courts violated court procedures from the commencement of proceedings in the District Court up to the final decision of the Supreme Court. The Applicant alleges the courts have violated the Constitution without specifying any particular article.
The Court concludes that it is evident from the Referral that the Applicant is asking the Court to review the decisions of the lower courts in relation to the adequacy of compensation awarded to
the Sahiti family as well as the decision not to compensate the Applicant and the extended family members.
The Court must reiterate that that it is not a court of fourth instance and therefore it cannot retry cases or assess the facts which have led the lower courts to adopt one decision rather than another.
Furthermore, the Applicant failed to substantiate his allegations that the decisions the lower courts violated his constitutional rights and freedoms and of his family members.
Taking into account all circumstances of the submitted Referral, the Constitutional Court of Kosovo pursuant to Article 113.1 and 113(7) of the Constitution, Article 46, Article 47 and 48 of the Law and Rule 36 (1a) and 36 (3c) of the Rules, in the session held on 19 April 2012, unanimously decided to reject the Referral as inadmissible.


Avni Sahiti and other members of the Sahiti family

Type of Referral:

KI – Individual Referral

Type of act:


Referral is manifestly ill-founded

Type of procedure followed before other institutions :