Constitutional Court

KI50/17, Applicant: Ismail Hasani, Constitutional review of Judgment Pml. no. 265/2016 of the Supreme Court of Kosovo, of 22 November 2016

KI50/17, Resolution on inadmissibility of 21 February 2018, published on 11 April 2018

Key words: Individual referral, manifestly ill-founded

On 18 June 2015, the Basic Court in Gjilan – Branch in Vitia (Judgment P. no. 434/14) found the Applicant guilty of the criminal offense of false report and punished him by fine.

On 9 July 2016, the Court of Appeals (Judgment PA1 no. 1164/15) rejected the Applicant’s appeal as ungrounded and upheld the Judgment of the Basic Court.

The Applicant filed a request for protection of legality with the Supreme Court against the Judgments of the Court of Appeals and of the Basic Court.

The Applicant alleged that his right to fair and impartial trial, right of appeal in criminal matter, and right not to be tried or punished twice for the same criminal offense had been violated.

The Court further considered that the Applicant had not submitted any facts indicating that his right to fair and impartial trial, right to appeal in criminal matters and right not to be tried or punished twice for the same criminal offense, guaranteed by the Constitution and the Convention, had been, in any way, violated during the proceedings conducted before the regular courts. Therefore, the Applicant’s Referral was manifestly ill-founded, hence inadmissible.