Can Parliamentary Assembly Inquire of Simmons Claims

Can Parliamentary Assembly Inquire of Simmons Claims

Reporting former head of the EULEX Judges Assembly Malcolm Simmons before the Kosovo Parliament's Legislation Commission may lead this institution to form an investigative commission for Simmons claims. This following this latter's statement that if the commission decides to open a full investigation, it will offer [...]

A week has passed since Simmons' reporting before the commission's deputies for legislation, and from the position they say no parliamentary investigative commission has been discussed, as there has been no such request.

While the opposition says it will see legal opportunities for initiating a parliamentary investigation. In contrast, connoisseurs of the justice system state that Kosovo cannot take such a step because of the obligations it has taken from international agreements.

Democratic Party of Kosovo MP Hajdar Beqa says Simmons' statements are disturbing, while adding that EULEX's mission has lost credibility.

I know that those (EULEX) enjoy immunity, I don't know how much we're right as a Parliament, but we'll see legal possibilities because in the opening word, Mr. Simmons has some things he can't say because they're sensitive, but he can say before an investigative commission. I don't know how much we're allowed, but we're going to look at the legal ways and a transcript like this, to take steps for the past of EULEX's decisions, which have been a part of them harmful. He does not say of all judges, he says, there are loan judges, but at the same time says there are judges and prosecutors who have been working on Serbia's mission, and says that all the crime classes that have occurred in Kosovo, which are with elements of the Serb community, have been sent to Belgrade. How can the one who committed the crime... In a word, Mr. Simmons with those statements has lost credibility to the work of EULEX”, he says.

From the position, they say there has been no request for a parliamentary investigative commission, which would verify Simmons' claims.

MP Dorsa Kica-Jeli says there has been no movement on the matter on legislation.

“There is no movement on the commission to address the possibility of a parliamentary investigative commission on this issue”, she says.

Kosovo Institute for Justice Executive Director (IKD) Ehat Miftaraj says Kosovo has no right to a parliamentary investigation if it wants to adhere to international obligations with the European Union.

The first “, Kosovo has no right if it wants to stick to international obligations with the European Union cannot make a parliamentary investigation. The second, if it did, would violate an agreement and certainly have a harmful effect on the Republic of Kosovo on the road to European integration”, Miftaraj says.

According to him, Simmons' claims can serve as information for the Republic of Kosovo only in proportion to EULEX's mismanagements, as he says investigations into the role of this mission have ended with decisions of competent bodies.

“For the Republic of Kosovo would be a bad step, harmful if any parliamentary investigation were made because it would violate the principles and obligations Kosovo has taken with the agreement with the European Union. On the other hand, it is widely known that the European Union, whether through the Audition Office or through other offices, has made investigations not only about Mr. Simmons, but also for others who have raised doubts about EULEX's role and those investigations have ended with decisions of competent organs, which we can say have concluded this phase in terms of Mr. Simmons”, he says.

Former chairman of the EULEX Judges Assembly Malcolm Simmons has been reporting for three hours straight through a video link before the commission for legislation, mandates, immunity, Assembly regulation and oversight of the Kosovo Assembly Anti-Corruption Agency.

He has declared that EULEX aims at eliminating the political elimination of “largeweight”, while saying the Special Court is an ethnic one and should be rejected as such.

Simmons has also stated that he can provide documentation and evidence before an investigative commission for all his claims.

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