Nasim Haradinaj complained of human rights violations, Special Makes Decision

On 31 May 2024, the Specialised Chamber of Constitutional Court issued the Act on the reference request submitted by Nasim Haradinaj, who claimed violations of his rights and freedoms in the context of the criminal process against him in Kosovo's Specialised Chambers.

In the trial, the Constitutional Chamber declared part of its unacceptable complaint and rejected the rest, arguing that there was no violation of the Constitution of the Republic of Kosovo or the European Convention for the Protection of Foundation Rights and Freedoms.

As reportedly, Haradinaj had complained that he had been found guilty on the basis of broad interpretations falsely of three Kosovo Criminal Code provisions and that his actions did not constitute criminal acts at the time of their conduct. In this regard, the Constitutional Chamber found that Haradinaj had not properly exploited all legal means effective under the law for two of his claims and declared the complaint partially unacceptable.

“Z. Haradinaj had also complained that he had been the object of the push by the Prosecutor's Office for committing the criminal acts for which he was convicted and that the criminal rooms were wrong in implementing the judicial standards, passing it on to him to prove his claim. In this regard, the Constitutional Chamber found that Mr. Haradinaj simply did not get involved in the driving situation and not consisting of violating his rights, he declared the complaint unacceptable”.

“Z. Haradinaj also claimed that failing to rule out his criminal responsibility from criminal chambers on the basis of factors of public interest constituted violations of the right to freedom of speech. After he found that Mr. Haradinaj had not used legal means under the law in this respect, the Constitutional Chamber declared even this unacceptable” complaint, told the Kosovo Specialised Chambers announcement.

Finally, the Constitutional Chamber reportedly deemed that interpreting from the criminal chambers of “preventing official persons from carrying out official tasks by grave threat” logically could be considered to be consistent with the essence of that criminal act and logically could have been envisioned by Haradinaj at the time of its execution.

The Constitutional Chamber subsequently found that there were no violations of the Constitution of Kosovo or of the European Convention for the Protection of Human Rights and Freedoms”, the DSF imposed. /Klankosova/