Wednesday

20th Mar 2019

EU accused of 'intimidating' whistleblowers

  • Eulex is credited with creating a decent rank-and-file Kosovo police force, but failing to combat organised crime and high-level corruption (Photo: eeas.europa.eu)

Transparency International, a leading NGO, has accused EU law chiefs in Kosovo of “intimidation” of potential whistleblowers.

It spoke out on Tuesday (12 August) on the case of Maria Bamieh, a British prosecutor, who used to work for Eulex, the EU’s rule of law mission in Kosovo - the biggest and most expensive EU operation of its kind.

Read and decide

Join EUobserver today

Support quality EU news

Get instant access to all articles — and 18 year's of archives. 30 days free trial.

... or join as a group

Bamieh, last year, lost her job amid a swirl of corruption allegations against Eulex.

She then hired a UK law firm, Bindmans LLP, to hit back at the EU mission at the London Central Employment Tribunal, which is to hold its third hearing on the affair in September.

But Eulex reacted by threatening both Bamieh and her solicitor, Peter Daly, with prosecution inside Kosovo under Kosovo law if they approached any “non-parties” to her case for information, referring to Eulex officials who could testify as potential witnesses.

It also wrote to the London tribunal requesting a gag order on press reporting on any aspect of the proceedings.

For Transparency International, “the threat made to Bamieh by Eulex constitutes intimidation of anyone who could come forward to denounce corruption or mismanagement”.

Its statement added that “Eulex should set the example of how a whistleblower should be treated to improve the current situation rather than send a message that anyone speaking up about corruption faces the threat of prosecution”.

Eulex is currently drafting a response to the NGO’s complaint.

But it previously said Bamieh is not a “whistleblower”, citing a report into the affair by Jean Paul Jacque, a French law professor, who said, in April, that Bamieh doesn’t meet the legal criteria for whistleblower protection in terms of European Court of Human Rights precedents.

It also said details of the Bamieh proceedings should be kept out of media to protect the privacy of Eulex staff accused of wrongdoing.

Jacque report

The Jacque report, which was commissioned by the EU foreign service, the institution which governs Eulex, depicted Bamieh as a flaky character who lost her job because she flunked an interview.

It also said Eulex did nothing wrong in threatening a reporter for the Kosovar daily, Koha Ditore, with prosecution if he published details of the Eulex corruption allegations.

The allegations involve accepting bribes in order to quash a murder investigation.

They are currently subject to a separate, internal, Eulex inquiry.

Meanwhile, Jacque, himself a former EU official who did the report pro-bono, painted a withering picture of Eulex’ performance over the past seven years.

He said “corruption is omnipresent” in Kosovo and that Eulex has failed to set up “the foundations of a system capable of fighting” criminality.

He also said it should be subject to an independent oversight body and described its internal governance as “dysfunctional”.

Opinion

Eulex report exposes EU failure in Kosovo

The Jacque report is important because it admits, for the first time, that Eulex failed to tackle corruption in Kosovo, posing questions for future EU interventions.

Investigation

EU and Kosovo corruption: Scratching the surface?

The EU has asked an ageing academic to look into Eulex corruption allegations. But former officials want to know why it failed to convict a single "big fish" in the past five years?

LuxLeaks trial to be whistleblower showcase

The trial of Antoine Deltour, who leaked documents on Luxembourg's sweetheart tax deals with big firms, will be used by campaigners and politicians to push for a law to protect whistleblowers.

Green MEPs launch EUleaks

Green MEPs have launched a secure platform to protect those disclosing problems in EU decision-making. Responsibility for publishing materials will fall upon MEPs.

EU on path towards whistleblower protection

EU lawmakers and member states have struck a political deal on the first-ever EU-wide directive on whistleblower protection - following years of big tax-evasion revelations and the laundering of dirty money in European banks.

News in Brief

  1. Merkel: I will fight to the 'last hour' for orderly Brexit
  2. EU affairs ministers demand Brexit clarity from London
  3. Nordic MEP candidates in first ever joint EU election debate
  4. UK announces EEA trade deal ahead of EU summit
  5. Four European cities among world's most expensive
  6. Violent 'yellow vest' protesters ban in Paris
  7. Russia celebrates fifth anniversary of Crimea annexation
  8. Blow for May as third vote on Brexit deal ruled out

Magazine

Explained: What is the European Parliament?

While domestic political parties often use the European Parliament as a dumping ground for unwanted politicians - and a majority of citizens don't bother to vote - the parliament, over the years, has become a dominant force in the EU.

Stakeholders' Highlights

  1. Nordic Council of MinistersLeading Nordic candidates go head-to-head in EU election debate
  2. Nordic Council of MinistersNew Secretary General: Nordic co-operation must benefit everybody
  3. Platform for Peace and JusticeMEP Kati Piri: “Our red line on Turkey has been crossed”
  4. UNICEF2018 deadliest year yet for children in Syria as war enters 9th year
  5. Nordic Council of MinistersNordic commitment to driving global gender equality
  6. International Partnership for Human RightsMeet your defender: Rasul Jafarov leading human rights defender from Azerbaijan
  7. UNICEFUNICEF Hosts MEPs in Jordan Ahead of Brussels Conference on the Future of Syria
  8. Nordic Council of MinistersNordic talks on parental leave at the UN
  9. International Partnership for Human RightsTrial of Chechen prisoner of conscience and human rights activist Oyub Titiev continues.
  10. Nordic Council of MinistersNordic food policy inspires India to be a sustainable superpower
  11. Nordic Council of MinistersMilestone for Nordic-Baltic e-ID
  12. Counter BalanceEU bank urged to free itself from fossil fuels and take climate leadership

Latest News

  1. Have a good reason for Brexit extension, Barnier tells UK
  2. EU countries push for new rule of law surveillance
  3. EU rolls out €525m for military projects, but bars illegal tech
  4. May to seek Brexit extension amid UK 'constitutional crisis'
  5. Catalan independence trial is widening Spain's divides
  6. My plan for defending rule of law in EU
  7. Anti-corruption lawyer wins first round of Slovak elections
  8. The changing of the guards in the EU in 2019

Join EUobserver

Support quality EU news

Join us