Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his rights under Article 31 of the Constitution, and Articles 5 and 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, were infringed because he was never informed of an extension of a criminal investigation, he was not informed about an unwarranted search and a subsequent suppression of evidence, and he was not informed of the prosecutor’s appeal of a judge’s ruling on the indictment. In essence, the Applicant argued that he was deprived of fundamental due process and equality of arms, The Court held that the Referral was inadmissible pursuant to Article 113.7 of the Constitution and Article 47.2 of the Law on the Constitutional Court for failure to exhaust all potential remedies because the case was still pending in the trial court and pretrial remedies were still available, citing AAB-RIINVEST University L.L.C. vs. Government of Kosovo and Selmouni v. France regarding the assumption that the Kosovo legal system will provide an effective remedy for constitutional violations