Constitutional Court

KI55 /19, Applicant: Ramadan Osmani, constitutional review of Judgment AA.no.506 / 2018 of the Court of Appeals, of 12 February 2019

KI55 /19, Resolution on Inadmissibility, of 12 December 2019, published on 23 January 2020

Keywords: individual referral, criminal proceedings, right to fair and impartial trial, equality before the law, manifestly ill-founded referral, inadmissible referral 

The Applicant challenged the constitutionality of the Judgment PML.no.248/18 of the  Supreme Court, of 6 November 2018, alleging a violation of his rights guaranteed by Article 31 [Right to Fair and Impartial Trial], paragraphs 1, 2 and 5 of the Constitution of the Republic of Kosovo, Article 6 [Right to a fair trial], paragraph 2, of the European Convention on Human Rights and Article 11 of the Universal Declaration of Human Rights, by relating these violations to the administration of evidence (burden of proof), the testimony of witnesses, and the reasoning of decisions concerning the application of substantive and procedural law.

The Court, after having considered the allegations made in the Referral, considered that the Applicant has had sufficient opportunity to present before the regular courts all allegations for a violation of his rights. The Court further stated that his arguments had been duly heard and properly examined by the regular courts, in particular by the Supreme Court. For these reasons, the Court concluded that the challenged Judgment of the Supreme Court was justified and reasonable.

In conclusion, the Court held that the Applicant failed to show and prove that the proceedings before the regular courts, namely before the Supreme Court, have been unfair or arbitrary, or that his rights and freedoms protected by the Constitution, the ECHR and the UDHR have been violated as a result of erroneous interpretations of substantive and procedural law. Consequently, the Court concluded that the Applicant’s Referral is manifestly ill-founded on constitutional grounds and, must be declared inadmissible pursuant to Rule 39 (2) of the Rules of Procedure.