Constitutional Court

KI125/17 Applicant: Ilir Rexhepi, constitutional review of Judgment Pml. No. 6/2007 of the Supreme Court of 15 May 2017 

KI125 / 17, Resolution on Inadmissibility of 20 April 2018, published on 30 May 2018

Keywords: individual referral, constitutional review of the judgment of the Supreme Court of Kosovo, criminal proceedings, manifestly ill-founded

The Referral is based on Article 113.7 of the Constitution, Article 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo, and Rule 29 of the Rules of Procedure of the Constitutional Court of the Republic of Kosovo. The Applicant alleges a violation of the right guaranteed by Article 31 [Right to Fair and Impartial Trial], as the regular courts violated essential provisions of the Criminal Code and the Criminal Procedure Code, because they failed to fully consider the facts, did not reason their decisions in relation to decisive facts, did not provide an accurate definition of the criminal offenses and based their judgments on inadmissible evidence. In addition, the Applicant alleges that the violations of Article 24.2 [Equality Before the Law] arose because the courts did not give him the opportunity to put questions to witnesses, thereby unfairly putting him in a disadvantageous position vis-à-vis the prosecutor. The Applicant also alleges that the judgments of the courts relating to the confiscation of his property were unlawful, thereby violating Article 46 [Protection of Property] of the Constitution. The Court considers that the outcome of the regular courts’ proceedings is based on an individual and joint assessment of the administered evidence, based on which they have established the facts for the application of substantive law and for the imposition of criminal sanctions. The Court considers that the Applicant has not substantiated his allegations of violations of the right to a fair and impartial trial, the right to equality before the law, or the right to protection of property, as guaranteed by Articles 24, 31 and 46 of the Constitution, in conjunction with Article 6 of the ECHR.