On Thursday 16 November, European External Action Service (EEAS) spokesperson Maja Kocijancic stated that the European Union and the EULEX mission in Kosovo operate a policy of zero tolerance as regards the allegations of inappropriate behaviour. Her comments came as British national Malcolm Simmons, the former president of the mission's judges, announced his resignation in an interview with French newspaper Le Monde, following his criticism "in recent weeks of several cases of corruption within the mission".
"The EU and EULEX operate a zero tolerance policy towards allegations of inappropriate behaviour and all mission members are accountable for their actions", Kocijancic stated, in answer to a question from EUROPE. She added that "all allegations are investigated and, as appropriate, referred to a disciplinary board, presided over by an independent judge. "Such policy applies irrespective of position in the mission; also to the president of EULEX judges", she stated.
While an investigation has been opened into Simmons' allegations, Simmons has refused to cooperate in the investigation, according to Kocijanic and the EULEX mission.
Simmons has himself been the subject of several complaints. "Over the last year, Malcolm Simmons has been the subject of a series of independent investigations into serious accusations against him (...) These allegations are at different stages of the investigation and some have been brought before a disciplinary board and are now awaiting the board's decision. Others are ongoing", the EULEX mission states in a press release. According to French news agency AFP, which quotes a source in Pristina, Simmons is reportedly the subject of five investigations. A European source has stated that two allegations, which are reportedly linked to "unjustified interference in a judicial procedure", are currently before the disciplinary board. They reportedly follow up on complaints dating back to the end of 2016 and the start of 2017.
The investigations against Simmons were opened prior to his accusations. Before speaking out against cases of corruption and resigning, Simmons was demoted, according to a European source.
The investigations are carried out by an independent Judge in accordance with the code of conduct approved by the Council in 2016, the EEAS spokesperson stated. "The procedures foreseen in the code are scrupulously followed", Kocijancic added. The code of conduct was created following a report by Jean-Paul Jacqué on the EULEX Kosovo mission's management of accusations of corruption against the mission's leaders in 2013 (see EUROPE 11295). (Original version in French by Camille-Cerise Gessant)