EU Judges deny defendants their right to a fair trial

EU Judges breach Article 6 of the ECHR

In the case of Sylejman Selimi et al, the Ombudsman of Kosovo, in a referral by the defendants following the failure of the Supreme Court of Kosovo to implement the decision of the Constitutional Court of Kosovo, recommends the Constitutional Court declare the decision of the Supreme Court null and void and oblige the Supreme Court to proceed in accordance with the decision of the Constitutional Court.

Judge Malcolm Simmons and the Constitutional Court of Kosovo

The defendants in this case had requested that Judge Malcolm Simmons give evidence regarding the way the judges hearing the case had been selected. It was alleged the panel composition had been manipulated by one of the EU judges on the panel in conspiracy with senior managers of the EU rule of law mission. Judge Malcolm Simmons agreed to testify before the court. The EU Judges hearing the appeal refused to hear the evidence of Judge Malcolm Simmons despite the obvious and legitimate reasons for so doing. The defendants referred the case to the Constitutional Court that found the EU judges should have heard the evidence of Judge Malcolm Simmons and found the judges of the EU Rule of Law Mission in breach of Article 6 of the ECHR for their failure to do so.

The EU Rule of Law Mission in Kosovo was established to promote rule of law in Kosovo. Instead the Mission has been blighted by allegations of corruption and malpractice involving senior staff and judges.

There can be no more serious allegation against a rule of law mission than its judges denying the defendants their right to a fair trial.

Judicial Qualifications

Judge Malcolm Simmons was an employee of the UK Foreign & Commonwealth Office and served as an international criminal judge from 2004 to 2017. From 2004 to 2008 he was an International Judge of the Court of Bosnia & Herzegovina in Sarajevo. From 2008 to 2017 he was an International Judge of the EU Rule of Law Mission in Kosovo. He presided in war crime and serious organised crime cases. He was a well-respected judge who had an unblemished career on the bench. From 2014 to 2017 he was President of EULEX Judges. Few other international judges serving in EULEX had experience presiding in serious organised crime cases. Even fewer had war crime experience. In 2016 Judge Simmons was interviewed by a panel of senior judges from The Hague and selected as a judge of the Kosovo Specialist Chambers.