Former Judge Simmons expresses dilemma for the Special Court: EULEX handed over files in Belgrade

A 25-page letter dated June 3, 2021, had gone to the office of Kosovo Prime Minister Albin Kurti. Former head of EULEX judges Malcom Simmons had sent a piece of his testimony to scandals conducted by the EU mission for rule of law towards Kurti. On this basis, seeking to report to the Kosovo Assembly on all these claims.

Simmons' testimony to the prime minister provided RTK. There, in addition to political influences, EULEX co-operation with the prosecution in Belgrade, Simmons details and expresses the dilemma for the work of the Special Court. So far, the government has not responded to this letter from Malcolm Simmons.

He was the first specialised Special Court prosecutor in The Hague. But David Schwendimann did not last more than two years.

At the time, he had said he was resigning because of the American law enforcement, which, according to him, did not allow him to hold this position any longer.

But, it is former chairman of the EULEX Court Assembly, Malcolm Simmons, who is claiming that after Schendjman's departure, something else is hidden.

In his 25-page testimony to Prime Minister Albin Kurti, Simmons wrote that Scheendiman had been expelled because he had found no evidence for KLA leaders.

Simmons' complete letter to Kurt, through which he wants to report to the Assembly.

Malcom Simmons claims that the Special Court was supported by internationals, to draw close to Serbia after the latter did not believe in the courts of Kosovo.

After the establishment of the Special Chambers of Kosovo, I began to hear rumors flowing at the Supreme Management that Brussels was not pleased with Special Chambers Prosecutor David SchWendemann because his office had not filed an indictment. The institution at the time was that the prosecutor's office had thought the evidence against some high-profile KLA members was insufficient. I was informed that discussions continued in Brussels with views Mr. Schvedenman to be replaced by another person who could be trusted.” is originally said in the testimony of Simmons.

In the letter he sent on June 3rd, Malcolm Simmons points to EULEX abuse claims in various cases against former KLA leaders.

At the request to report to the Parliament, Simmons has announced to Kurti that dozens of files were sent to the Belgrade Prosecutor's Office. According to him, EULEX had never allowed him to investigate this.

Before my appointment as chairman of EULEX judges, I was aware of the discussions within E ULEX '%s' about the transfer of files to Serbia's prosecutorial authorities. I was also aware of continued talks between EULEX and Serbian prosecutors. Indeed, EULEX prosecutors traveled to Serbia on many occasions to discuss subjects with Serbian prosecutors. When I became chairman of EULEX judges in 2014, I discovered that dozens of war crimes files had been handed over to the prosecutorial authorities in Serbia.” wrote to Prime Minister Kurti.

In his letter, the former judge speaks of political influences in the case of Klecka, Drenica and Oliver Ivanovic. All judges who did not comply with the high orders, who, according to Simmons, came from Brussels, were charged with corruption.

Everything in EULEX, according to him, depended on furthering Kosovo-Serbia dialogue.

“also contained the mission's clear political objectives. For the international community, relations with Serbia and pushing ahead of the Pristina-Belgrade dialogue became a priority. Those who hindered the process were viewed as energists who had to leave their positions of power and influence. EULEX judges were the means to achieve this. What could not be achieved through political dialogue would be achieved through the distorted judicial process. These included persons of the entire political spectrum, not only the former KLA commanders, but also the popular politicians.”, says the paper.

So far, the Government has not returned answers to Malcolm Simmons' letter, while the same is awaiting an answer from the Commission for Legislation. / RTK