The Specialized Chambers have made a decision regarding the request of Nasim Haradinaj, who complained about the violation of his rights and freedoms in the context of the criminal process against him in the DHSK.
In the verdict received on Friday, the Constitutional Chamber has declared a part of his complaint inadmissible and rejected the rest, finding that there is no constitutional violation or the European Convention for the Protection of Fundamental Rights and Freedoms.
As reported, Haradinaj complained that he was found guilty on the basis of unlawfully broad interpretations of three provisions of the Criminal Code of Kosovo and that his actions did not constitute criminal offenses at the time they were committed. In this regard, the Constitutional Chamber concluded that Haradinaj had not properly used all effective legal remedies under the law for two of his claims and declared the complaint partially inadmissible.
"Mr. Haradinaj also complained that he had been pushed by the Specialized Prosecutor's Office to commit the criminal offenses for which he was found guilty and that the criminal chambers made a mistake in applying the legal standard, passing on to him the obligation of proof regarding with his claim. In this regard, the Constitutional Chamber found that the situation of Mr. Haradinaj was simply not involved in a push situation, and finding no apparent violation of his rights, declared the complaint inadmissible. Mr. Haradinaj also claimed that the non-exclusion of his criminal liability by the criminal chambers on the basis of public interest factors constituted a violation of the right to freedom of speech. After ascertaining that Mr. Haradinaj had not used the legal remedies according to the law regarding this aspect, the Constitutional Chamber also declared this complaint inadmissible", the announcement states.
Finally, it is said that the Constitutional Chamber judged that the interpretation by the criminal chambers of the criminal offense of "obstructing official persons in the performance of official duties by means of serious threat" can logically be considered to be in accordance with the essence of that criminal offense and logically can was foreseen by Haradinaj at the time of its execution. Consequently, the Constitutional Chamber concluded that there was no violation of the Constitution of Kosovo or the European Convention for the Protection of Fundamental Human Rights and Freedoms.
