On 31 May 2024, the Specialist Chamber of the Constitutional Court delivered its judgment on a referral made by Nasim Haradinaj, who had alleged violations of his individual rights and freedoms in relation to the criminal proceedings against him before the Kosovo Specialist Chambers. In its judgment, the Constitutional Chamber declared part of his complaints inadmissible, and rejected the remainder, finding that there had been no violation of the Constitution of the Republic of Kosovo or the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Mr Haradinaj had complained that he was found guilty under unjustifiably broad interpretations of three provisions of the Kosovo Criminal Code, and that his actions did not constitute criminal offences at the time they were committed. In this regard, the Constitutional Chamber found that Mr Haradinaj had failed to properly exhaust all the effective remedies provided for by law in relation to two of his allegations, and declared the complaint partly inadmissible.
Mr Haradinaj had further complained that he had been subject to entrapment by the Specialist Prosecutor’s Office to commit the offences he was convicted for, and that the criminal chambers erred in the legal standard applied, reversing the burden of proof with respect to his claim. In this regard, the Constitutional Chamber found that Mr Haradinaj’s situation plainly did not fall within the category of entrapment cases and, failing to detect any appearance of a violation of his rights, it declared this complaint inadmissible.
Mr Haradinaj also alleged that the criminal chambers’ failure to exclude his criminal responsibility on the basis of considerations of public interest amounted to a violation of his right to freedom of expression. Finding that Mr Haradinaj had failed to exhaust the legal remedies provided for by law in this respect, the Constitutional Chamber also declared this complaint inadmissible.
Lastly, the Constitutional Chamber considered that the criminal chambers’ interpretation of the offence of “obstructing official persons in performing official duties by serious threat” could reasonably be regarded to be consistent with the essence of that offence, and could have been reasonably foreseen by Mr Haradinaj at the time it was committed. Accordingly, the Constitutional Chamber found that there had been no violation of the Constitution of Kosovo or the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Judgment can be found on the KSC website.
On 25 September 2020, Mr Haradinaj was arrested in Prishtinë/Priština, Kosovo, and transferred to the KSC Detention Unit on 26 September 2020. On 11 December 2020, the Pre-Trial Judge confirmed the initial indictment against him and the trial started on 7 October 2021.
On 18 May 2022, Nasim Haradinaj was found guilty of obstructing official persons in performing official duties, intimidation during criminal proceedings and violating the secrecy of proceedings. He was sentenced to four and a half years’ imprisonment, with credit for time already served, and a fine of 100 EUR.
On 2 February 2023, an Appeals Panel affirmed Mr Haradinaj’s conviction for intimidation during criminal proceedings, violating the secrecy of proceedings, and obstructing official persons in performing official duties by serious threat. The Appeals Panel reversed the Trial Panel’s finding related to obstructing official persons in performing official duties by participating in the common action of a group and acquitted Mr Haradinaj on this count. In view of their findings, the Appeals Panel, by majority, reduced the sentence to four years and three months.
On 2 May 2023, Mr Haradinaj filed a request for protection of legality. Accordingly, the President assigned the Supreme Court Panel to decide on the request. On 18 September 2023, the Supreme Court Panel rejected the request for protection of legality.
On 12 December 2023, the President decided to modify Nasim Haradinaj’s sentence to provide for his release on 14 December under specific conditions that will continue to apply for the duration of the sentence.
