Constitutional Court

KI109/19, Applicant: Mehmet Qerimi, Constitutional review of Judgment  Pml. No. 5/19 of the Supreme Court of Kosovo, of 22 January 2019

KI109/19, Resolution on Inadmissibility, of 26 February 2020, published on 23 March 2020

Keywords: individual referral, right to fair and impartial trial, out of time referral 

The Applicant before the Constitutional Court challenged Judgment [Pml. No. 5/2019] of the Supreme Court of Kosovo, which rejected as ungrounded the request for protection of legality filed by the Applicant against Decision [PN. No. 789/2017] of 14 August 2018 of the Court of Appeals of Kosovo.

The Applicant filed a request for review of the criminal proceedings with the Basic Court in Ferizaj, claiming that new evidence had been presented which would have influence on his innocence and requested the postponement of the execution of the Judgment [PA1. No. 1421/2015] of the Court of Appeals, which upheld the Judgment [P. No. 783/13] of the Basic Court in Ferizaj that found him guilty of committing the criminal offense [Theft] under Article 252 of the Criminal Code of the Republic of Kosovo and sentenced him to imprisonment of 8 (eight) months.

The Applicant alleged that the challenged decision was rendered in violation of his fundamental rights and freedoms established in Article 31 [Right to Fair and Impartial Trial] and Article 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo.

The Applicant alleged in substance that the regular courts erroneously and incompletely determined the factual situation and violated criminal law.

The Court found that the Applicant’s Referral was inadmissible, because it was not filed within the legal deadline provided by Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure.