Constitutional Court

KI197/18, Applicant: Ramadan Bislimi, request for constitutional review of Judgment PML. No. 179/2018, of the Supreme Court, of 23 August 2018

KI197/18, Resolution on Inadmissibility of 6 November 2019, published on 9 December 2019

Keywords: Resolution on Inadmissibility, criminal proceedings, manifestly ill-founded

The subject matter of the Referral was the constitutional review of the challenged Judgment, which allegedly violates the Applicant’s rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution, as well as paragraph 1 of Article 6 (Right to a fair trial) of the European Convention on Human Rights.

More specifically, the Applicant considered that during the police search there had been an unlawful confiscation of items that were used as evidentiary material against him during the court proceedings, thereby violating his right to a fair trial.

The Applicant also stated that in the judgments, the courts did not reason in a sufficiently clear manner some important issues related to his guilt.

In this regard, the Court, taking into account its case law as well as the ECtHR case law, examined the Applicant’s specific allegations, both those concerning the unlawful confiscation of evidence and allegations of unreasoned court decision, and concluded that nothing in the case presented by the Applicant indicates that the proceedings before the Basic Court, the Court of Appeals and the Supreme Court were unfair or arbitrary in order to satisfy the Constitutional Court that the Applicant has been denied any procedural guarantees, which would lead to a violation of the right to fair and impartial trial, as guaranteed by Article 31 of the Constitution and Article 6 of the ECHR.

The Court concluded that the Applicant’s Referral is manifestly ill-founded on constitutional basis and, is to be declared inadmissible in accordance with Rule 39 (2) of the Rules of Procedure.