In June 2018, in the case of Isni Thaci, Zeqir Demaku, Fadil Demaku, Nexhat Demaku and Jahir Demaku, the Constitutional Court of Kosovo found judges of the EU Rule of Law Mission in Kosovo in breach of Article 6 of the European Convention on Human Rights. Article 6 preserves the defendants right to a fair trial.
This is the first time that EU judges serving in a rule of law mission have been found to be in breach of a defendant’s right to a fair trial. How can it be that judges of EU Member States serving in a EU rule of law mission can breach a defendants rights that are central to the fair trial principles?
Prior to the start of the trial Judge Malcolm Simmons raised concerns about the composition of the trial panel and the way it had been selected. Judge Simmons was told by his EU bosses that if he gave evidence in the case he would be subject to disciplinary action. He refused to be silenced.
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 took disciplinary action against him.
The EU Judges hearing the appeal refused to hear the evidence of Judge Malcolm Simmons despite obvious and legitimate reasons for so doing. Their appeal was dismissed. The defendants referred the case to the Constitutional Court. That court admitted the appeal and in its judgment found the EU judges should have heard the evidence of Judge Malcolm Simmons. The EU judges were found to have denied the defendants their right to a fair trial.
EU Judges serving in an EU Rule of Law Mission ignored the defendants fair trial rights enshrined in Article 6 of the ECHR. Can there be any more damning indictment of EU rule of law than EU judges denying the defendants their right to a fair trial?