Constitutional Court

KI134/17, Applicant: Qazim Dajakaj, Constitutional review of Judgment Pml. No. 145/2017 of the Supreme Court of 18 October 2017 

KI 134/17, Resolution on Inadmissibility of 21 February 2018, published on 26 April 2018

Key words: Individual referral, criminal charge, referral manifestly ill-founded

The Applicant was found guilty by the Basic Court in Gjakova (Judgment PKR. No. 540/2011) for committing criminal offense of contracting disproportionate profit in cooperation with person M. T. and sentenced to imprisonment of 1 (one) year, which would not be executed if the Applicant does not commit a criminal offense within a period of 3 (three) years. The Court of Appeals upon appeals confirmed the Judgment of the Basic Court. The Applicant filed a request for protection of legality with the Supreme Court of Kosovo against decision of the Court of Appeals. The request for protection of legality was rejected by the Supreme Court as ungrounded.

The Applicant alleged before the Constitutional Court, inter alia, that the Supreme Court by rejecting as ungrounded his request for protection of legality violated his rights guaranteed by Articles 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] of the Constitution and Article 6 (Right to a fair trial) of the European Convention on Human Rights.

The Court noted that the facts presented by the Applicant did not in any way justify the alleged violations of the constitutional rights invoked by him and that the latter has not sufficiently substantiated his claim. Therefore, the Court declared the Applicant’s referral inadmissible on the grounds of being manifestly ill-founded as provided for by Article 48 of the Law and as further specified by Rules 36 (1) (d) and 36 (2) (d) of the Rules of Procedure.