Constitutional Court

The Applicant submitted Referral pursuant to Article 113.7 and 21.4 of the Constitution, Articles 20, 22.7 and 22.8 of the Law no. 03/L-121 on Constitutional Court of the Republic of Kosovo, dated 15 January 2009.

On 5 December 2010 the Applicant submitted a letter to the Constitutional Court (hereinafter referred to as the Court) alleging violation of individual human rights.

On 14 February 2011 the President appointed Judge Snezhana Botusharova as Judge Rapporteur and a Review Panel composed of Judges Robert Carolan (Presiding), Almiro Rodrigues and Gjyljeta Mushkolaj.

On 19 May 2005, the District Court in Gjilan, in its Judgment of 19 May 2005, sentenced the Applicant to 16 years of imprisonment for the criminal offence of aggravated murder under Articles 146 and 147 item 5 in relation to Article 25 of the Provisional Criminal Code of Kosovo (UNMIK/REG/2003/25, hereinafter: “the PCCK”) as well as for participating in a group committing criminal offence as envisaged by Article 200, paragraph 1 of the PCCK.
The Applicant appealed the judgment of the District Court in Gjilan in the Supreme Court, alleging substantial violations of the criminal offence.

On 23 June 2009 the Supreme Court of Kosovo by its Judgment Ap.Kz No 179/2007 approved partially the Applicant’s appeal in relation to the offence of assisted aggravated murder. The Supreme Court found that the old law (Article 30 Par.2 item 5 of KCL) was the applicable law because the new law (Articles 146 and 147 item 5 in relation to Article 25 of the PCCK) was not more favorable for defendants.

On 25 November 2009 both the Applicant and his defence counsel each submitted requests for protection of legality against the District Court Judgment.

On 15 June 2010 the Supreme Court of Kosovo issued Judgment No. PKL-KZZ 131/09 and rejected both the Applicant’s and his defence counsel’s request for protection of legality as unfounded.

The Applicant claims a violation of Article 23 [Right to Human Dignity], Article 24 [Right to Equality Before the Law] and Article 31 [Right to a Fair Trial] of the Constitution of the Republic of Kosovo (hereinafter: “the Constitution”).

The Applicant did not submit any prima facie evidence indicating a violation of his rights under the Constitution (see Vanek v Slovak Republic, ECtHR Decision as to the Admissibility of Application no. 53363/99 of 31 May 2005).

Taking into account all circumstances of the submitted Referral, the Constitutional Court of the Republic of Kosovo pursuant to Article 113.1 and 113.7 of the Constitution, Article 46, Articles 47 and 48 of the Law and Rules 36 (1a) i 36 (3c) of the Rules of Procedure, in the session held on 29 November 2011, decided that unanimously reject the Referral as inadmissible.