Constitutional Court

KI85/18, Applicant: Baki Gashi, Constitutional review of the judgment of the Supreme Court of Kosovo, PML.No.208/2017, dated 29 January 2018

KI85/18, Resolution on Inadmissibility, approved on 30 January 2019, published on 14 March 2019

Key words: individual referral, equality before the law, right to liberty and security, rights of the accused, right to fair trial, manifestly ill-founded, inadmissible referral

The Applicant claimed that the regular courts have violated his rights guaranteed by Articles 3 [Equality Before the Law], 29 [Right to Liberty and Security], 30 [Rights of the Accused] and 31 [Right to Fair and Impartial Trial] of the Constitution, by having linked his allegations with Article 31 of the CCRK, which speaks of the commission of the offence “in co-perpetration” and the fact that the courts based their decisions upon the erroneously established factual situation.

Having assessed the Referral in its entirety, the Court, considered that the Referral, based on constitutional grounds, was manifestly ill-founded, because the Applicant failed to prove and sufficiently substantiate his allegation for violation of the rights guaranteed by the Constitution and the Convention. Consequently, the Court, pursuant to Rule 39 (2) of the Rules of Procedure, declares the Referral inadmissible.