Constitutional Court

KI54/19 Applicant: Pashke Krasniqi, Constitutional Review of the Judgment of the Court of Appeal, PAKR. no. 329/18, of 23 August 20188

KI54/19, Resolution on Inadmissibility of 15 January 2020, published on 7 February 2020

Keywords: individual referral, constitutional review of challenged judgment, out of time

The Referral is based on Article 113.7 of the Constitution, Article 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 32 of the Rules of Procedure of the Constitutional Court.

On 23 August 2016, in the shooting that took place in the centre of Gjakova, the Applicant’s son and two other persons were killed by a firearm.

On 30 April 2018, the Basic Court in Gjakova, by Judgment PKR. no. 6/2018, found Q.Sh. and V.G. guilty of committing the criminal offense of murder in co-perpetration and the criminal offense of unauthorized ownership, control or possession of weapons and consequently imposed on Q.Sh. a unique sentence of imprisonment of 12 years and 6 months, while on V.G. it imposed a unique sentence of imprisonment of 11 years and 6 months.

The Applicant filed an appeal with the Court of Appeal against the Judgment of the Basic Court in Gjakova. The Court of Appeal, by Judgment PAKR. no. 329/2018, rejected as unfounded the Applicant’s appeal and upheld the Judgment of the Basic Court.

After that, the Applicant submitted to the Office of the Chief State Prosecutor the proposal to initiate a request for protection of legality against the Judgment (PKR. no. 6/2018) of the Basic Court in Gjakova and the Judgment (PAKR no. 329/2018) of the Court of Appeal.

On 3 December 2018, the Office of the Chief State Prosecutor served to the Applicant the notification (KMLP. I. no. 21/19) of 27.11.2018 in which it finds that it has not found a legal basis for the initiation of the Request for Protection of Legality.

The Court notes that the “final decision” (Judgment PAKR No. 329/18 of 23 August 2018) of the Court of Appeal was served on the Applicant on 28 August 2018, while the constitutional referral was filed on 3 April 2019.

In this regard, the Court notes that the constitutional referral was filed out of the legal time limit of 4 (four) months, which is established in Article 49 of the Law and further specified in Rule 39 (1) (c) of the Rules of Procedure. Therefore, the Court finds that the Applicant’s Referral is inadmissible because it is out of time.