Judge Malcolm Simmons Gives Evidence to the Kosovo Parliament about Corruption in the EULEX Mission in Kosovo
Judge Malcolm Simmons told the Parliament that in 2016 his private emails had been unlawfully accessed by a fellow EULEX Judge. Copies of his emails were given to senior staff of the European External Action Service. Those emails revealed that he was a whistle blower and that he had reported misconduct to the UK Foreign Office and to the EU Anti-Fraud Agency. Having received copies of his hacked emails, the EEAS took action against Judge Simmons.
In his evidence Judge Simmons referred to political interference in criminal trials, manipulation of evidence and threats made to protected witnesses.
Judge Malcolm Simmons also referred to the failure of EU to bring defendants of Serbian ethnicity to justice. He described the Kosovo Specialist Chambers as an 'ethnic court'. It is correct that only defendants of Albanian ethnicity have been charged and will appear before it. Despite the Kosovo Specialist Chambers being a Kosovo court, none of its judges are Kosovo citizens and the court sits in The Hague. The Court has been mired in controversy since it was established and enjoys little support in Kosovo.
During his evidence before the Kosovo Parliament, Judge Malcolm Simmons asked why more was not being done to bring defendants of Serbian ethnicity to trial. He described the thousands of victims of war crimes as having been "denied justice".
The evidence Judge Malcolm Simmons gave to the Kosovo Parliament was live-streamed by the Parliament on its YouTube channel: https://www.youtube.com/watch?v=-__XkIirNdk
Edward Montague
Edward Montague Associates
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