Constitutional Court

KI72/18 Applicant: Shpejtim Zymeraj, constitutional review of Judgment PML. No. 44/2018 of the Supreme Court of 10 April 2018

KI72/18, Resolution on inadmissibility of 22 November 2018, published on 17 December 2018 

Keywords: individual referral, constitutional review of the challenged judgment of the Supreme Court, manifestly ill-founded.

The Referral is based on Article 113.7 of the Constitution, Articles 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 32 of the Rules of Procedure of the Constitutional Court.

This case is about the criminal proceeding in which the Applicant was found guilty by the first instance judgment of the Basic Court and, consequently, he was imposed the main and accessory punishment.

After that, the Applicant filed a request for protection of legality with the Supreme Court against the decision of the Basic Court.

The Supreme Court rejected as ungrounded the request for the protection of legality of the Applicant.

The Applicant claims that the regular courts have erroneously interpreted  the facts and erroneously interpreted  the law, and that the courts in similar cases decided differently, which resulted in a violation of Article 6 of the ECHR, as well as of Articles 21, 22, 31 and 53 of the Constitution.

The Court notes that the Applicant did not substantiate with evidence that the challenged decisions violated his rights and freedoms guaranteed by the Constitution and the ECHR.

In fact, the Court requested the Applicant on two occasions to submit the judgment of the basic court, which according to the Applicant’s allegation is not in accordance with the plea agreement, however, the Applicant did not enclose the requested documents.

The Applicant also failed to submit to the Court any other judgment of the Basic Court that would prove that the case law of this court was different in similar and identical cases.

Based on the foregoing reasons, the Court concludes that the facts presented by the Applicant do not in any way justify his allegations of a violation of the rights guaranteed by the Constitution.

Therefore, the Court considers, on constitutional basis, that the Referral is manifestly ill-founded and is to be declared inadmissible.