EU's Kosovo mission struggles for credibility after smuggling incident

The head of Eulex in Kosovo said Romania needs to prosecute the officers caught 
smuggling (Photo: Council of European Union)

VALENTINA POP <mailto:[email protected]> 

Today @ 17:43 CET

EUOBSERVER / BRUSSELS – In a bid to boost its credibility, the EU's justice and 
police mission in Kosovo has started high-level corruption cases against local 
officials and fired 16 of its own gendarmes who were caught smuggling 
cigarettes and alcohol across the border.

"Our guiding principle is that no-one is above the law and we will continue to 
apply that," Eulex head of mission Yves de Kermabon told MEPs during a hearing 
on Thursday (3 June).

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He highlighted the importance of the searches conducted by Eulex prosecutors on 
26 April on the premises of the transport ministry in Pristina, with the 
minister himself suspected of money laundering, abuse of public office and 
corruption. 

The 2,800 strong police and justice mission, deployed by the EU after Kosovo 
declared its independence in 2008, has been criticised in the past for not 
showing enough muscle against corrupt officials and organised crime – one of 
its core functions.

"The searches are only the beginning. Such activities lay at the core of the 
Eulex mandate," Mr de Kermabon said. 

But he also warned against expecting convictions too soon, as the judicial 
processes take time, especially in Kosovo where judges have to work with three 
legal systems, depending on when the crimes were committed - the Yugoslav, the 
Serbian and the Kosovar one.

"We have major holes in the mission and are still lacking personnel. But the 
Kosovo police is working pretty well and maybe ultimately at some point we'll 
be able to reduce the police mission. The key component is the justice 
mission," he stressed.

In an embarrassing episode just a week prior to the anti-graft sweep, 16 
Romanian gendarmes deployed to the Eulex unit in Mitrovica, in the northern 
part of Kosovo, were caught smuggling cigarettes and alcohol over the border as 
they were going home for vacation. 

They have been meanwhile sent back to the country and an investigation has been 
launched, including into the higher chain of command of the Romanian unit.

"We reacted immediately very strongly and said we cannot accept this coming 
from a member of the EU. That is a question of credibility for Eulex and the EU 
as a whole," Mr de Kermabon told journalists after the hearing.

It is, however, up to member states to follow up on such cases in their own 
judicial systems, he stressed.

The 16 gendarmes were decorated in March by the Romanian government for their 
"professionalism" in carrying out their duties, which include crowd management, 
protection of VIPs and escorting valuable or explosive items.

The European Parliament will look into the matter and press Bucharest for a 
judicial investigation, so as to show that the EU is not practising double 
standards, Austrian Green MEP Ulrike Lunacek, the rapporteur for Kosovo told 
this website.

"Some people may link the fact that the EU is demanding rule of law and fight 
against corruption in Kosovo, but member states are not doing that if something 
happens. It is important that Romania shows with these people caught smuggling 
that there will be due legal process," she said.

According to Ms Lunacek, Bucharest should be particularly interested in showing 
that it follows up on such cases, after it failed to produce any sanctions 
against another of its gendarmes unit, responsible for the death of two people 
in 2007, during clashes with demonstrators in Pristina. At that time, the 
Romanian gendarmes were part of the UN peacekeeping mission, Unmik.

"Eulex is needed, but it is important that they deliver accordingly to the 
expectations people have. They will be judged, in the eyes of the Kosovo 
public, if they manage to do what the Kosovo authorities don't, really going 
against the big fish, not only petty corruption. And member states need to 
uphold the same standards when it comes to their own citizens, if they are 
guilty of corruption or other crimes," she concluded.

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