Constitutional Court

The applicant, Mr. Qlirim Grezda, filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Decision of the Supreme Court, Pn. no. 181/2011, of 31 March 2011, as being taken in violation of his rights guaranteed by Articles 21 [General Principles], 23 [Human Dignity], 29 [Right to Liberty and Security] and 31 [Right to Fair and Impartial Trial] of the Constitution and Article 6 [Right to a fair trial] of ECHR, because “there was no grounded suspicion for the commission of the criminal act and consequently there were no legal reasons for the District Court to order his detention on remand; the decision on the initiation of the investigation was not delivered to the Applicant immediately and without delay, so that he was not informed of the exact charges against him; and his honor, prestige, authority and dignity were violated by the press release issued by the Kosovo Police and publication of that information on the Kosovo Police webpage.“
On the issue of the admissibility of the Referral, the Court held, that the Referral was inadmissible because the Applicant failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness. Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1.c) of the Rules of Procedure. Furthermore, as to the request for interim measures, the Court held, that taking into account that the Referral was found inadmissible, the Applicant is not entitled under Rule 54 (1) of the Rules of Procedure to request interim measures.