Constitutional Court

KI 91/17, Applicant: Enver Islami, requesting constitutional review of Judgment PML No. 102/17 of the Supreme Court of Kosovo of 29 May 2017

KI 91/17, resolution on inadmissibility of 22 November 2018, published on 19 December 2018

Keywords; individual referral, constitutional review of Judgment of the Supreme Court of Kosovo, manifestly ill-founded

The Applicant submitted the Referral based on Article 113.7 of the Constitution, Articles 22 and 47 of the Law No. 03 / L-121 on Constitutional Court of the Republic of Kosovo and Rule 32 of the Rules of Procedure of the Constitutional Court of the Republic of Kosovo.

On 5 October 2016, the Basic Court in Prishtina Judgment [P. No. 434/14] found the Applicant guilty for the criminal offense of aggravated murder and sentenced him to imprisonment.On 31 January 2017, the Court of Appeals Judgment [PAK. No. 724/16] rejected as ungrounded the appeal of the Applicant, the appeal of the Prosecutor’s Office and upheld the judgment of the Basic Court.  The Applicant submitted the request for protection of legality to the Supreme Court against the judgment of the Court of Appeals and the Basic Court.

In his Referral to the Court , the Applicant did not state what rights and freedoms have been violated by an act of a public authority which he challenges, namely by the judgment of the Supreme Court. Moreover, the Applicant does not accurately state the facts and allegations of violation of constitutional rights.

Consequently, in the circumstances of this case, the Applicant’s Referral is in accordance with the requirements established in paragraphs 1 and 7 of the Constitution and Articles 47 and 49 of the Law. However, the Applicant’s Referral does not meet the admissibility requirements as foreseen in Article 48 of the Law  and item d) of paragraph 1 of Rule 39 of the Rules of Procedure.

Therefore, the Court declares Referral inadmissible, because does not meet the admissibility requirements as foreseen by Article 48 of the Law and item d) paragraph 1 of Rule 39 of the Rules of Procedure.