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List: A-PAL[A-PAL] A-PAL Newsletter, No. 009kosova at jps.net kosova at jps.netWed Feb 9 13:23:03 EST 2000
Welcome to Albanian Prisoner Advocacy List -- Prisoner Pals Newsletter, No.009, February 07, 2000 This report highlights the developments on the prisoner issue for the week of January 30, 2000. ========================================== A-PAL STATEMENT: ========================================== At this point, over 400 prisoners have been released from Serb prisons, while some have recently received harsh sentences. The young woman with the six month old baby boy, named Altin by Dr. Brovina, was released on December 29, 1999. Unfortunately 10 more minors have been located in prison, including a 13 yr old in Sremska Mitrovica, the prison with the worst conditions, and 16 year old Plerrat Isufi, who is still in Pozhrevac and was not released when the other minors were last November, possibly because he has studied English. Dr. Brovina's husband has said that she is well, but that it will be weeks if not months until they hear the result of her appeal. It is believed that the trial for Albin Kurti in Nis will be sometime in February, although this is complicated by the fact that there is no confession and the evidence police had gathered seems to be lost. Zeri editor, Halil Matoshi, was released. He had been arrested at home by sixty police, tortured in a nearby home, and later was placed in a gym at the Lipjan prison, where he and many others were told they would be massacred similar to the Dubrava massacre. As he was released last week, other prisoners clung to him, begging that he do everything possible to help them. All those released report that they think constantly of those they left behind and worry for their survival. Sremska Mitrovica is of particular concern because the Red Cross has not visited there since August, 1999, due to a disagreement of how the visits were to be conducted. So no one is monitoring prison conditions there. This is unacceptable. Nevertheless, our network of support is working by bringing pressure to bear on the Serb legal system. But we need your continued advocacy as much as ever. Don't give up! One visit to a 15 year old village boy now returned home to his family in Kosova after months of cold, hunger, fear and torture in prison is enough to convince one that we must press on harder. Each prisoner has suffered well over 60 international human rights violations during their arrest, interrogation, and detention. Four have died. ========================================== THIS WEEK’S TOPICS: ========================================== * Association of Political Prisoners: Letter to Secretary Albright * Natasa Kandic: The Lesson of Orahovac: The International Administration in Kosovo Encourages Violence Against Serbs * FreeB92 Daily News: Albanians imprisoned * KosovaPress: Three Albanian prisoners were released from the Serb jails * Agence France-Presse: Two Albanians jailed by Serbian courts for terrorism * Agence France-Presse: Serbian court hands down five-year jail sentence to Kosovo Albanian * V.I.P. News Services: Serb and Albanian Prisoners Exchanged * WiPC/IFEX: Flora Brovina appeals twelve year sentence, Halil Matoshi released * Susan Blaustein: Not All The Kosovars Have Gone Home * KosovaPress: Teki Bokshi visited 15 Gjakova prisoners * KosovaPress: Hunger strike for the release of the hostages who are still kept in the Serb jails * Free Serbia: Imprisoned two Albanians in Leskovac * Bart Staes: Parliamentary Questions to the E.U.Council * Amnesty International: Kosovo: Justice not being done * KosovaPress: Who is guilty for the bloodshed ========================================== QUOTES OF THE WEEK: ========================================== February 5: At a Prishtina conference with Jaime Shea, NATO spokesperson, stated, "Mr. Milosevic, release those prisoners. The war is not over until the prisoners come home." February 5: At the same conference, Veton Surroi stated that it was time to start calling the prisoners "hostages," and to demand a negotiator to work for their release. ========================================== WEEK’S REQUESTED ACTION: ========================================== According to Bart Staes, the January 24 meeting of the Euro. Parliament Foreign Affairs meeting did not discuss the prisoner issue as was hoped. In Kosova, APP is organizing an email rally to European Parliament members, asking for the release of family members. We urge everyone to write to Doris Pack and Elmar Brok, of the Foreign Affairs and Human Rights Committees of EP, stressing that to move the issue forward, we request a Special Task Force and Negotiator be appointed to investigate and resolve this urgent issue. It is not possible for an UNMIK committee to do so. If possible, send the same request to the US House Human Rights Committee. Write briefly to these European Parliament members and request a Special Prosecutor Investigation into the Albanian prisoner situation, with the authority to refer cases such as the 1,600 detainees kept on warrants to the Hague for investigation. Please forward any replies to kosova at jps.net for the Association of Political Prisoners web site. * Doris Pack: Chairperson-Southeast Europe Deleg. < dpack at europarl.eul.int > * Emma Bonino < ebonino at agora.stm.it > * Elmar Brock: Chairman Human Rights < ebrok at europarl.eu.int > * Bart Staes < bstaes at europarl.eu.int > * Patricia McKenna < mckennap at iol.ie > * Heidi Hautala < hautala at vihrealiitto.fi > * Ole Krarup < ole.kraup at jur.ku.dk > * Daniel Cohn-Bendit < dcohn-bendit at europarl.eu.int > * Cecelia Malmstrom < cecelia at liberal.se > * Hans_gert Poettering < hpoettering at europarl.eu.int > * Per Gahrton < pgahrton at europarl.eu.int > * Jose Pomes Ruis < pomes at abc.ibernet.com > * Christina Prets < eu-buero.prets at members.at > * Heidi Ruhle < hruhle at europarl.eu.int > * Elisabeth Schroedter < eschroedter at europarl.eu.int > * Staffan B. Linder < sbl at moderat@se > * Gunilla Carlsson < gcarlsson at europarl.eu.int > * Den Dover < ddover at demon.uk > * Olivier Duhamel < oduhamel at europarl.eu.int > * Olivier Dupuis < o.dupuis at agora.stm.it > * Marialiese Flemming < mflemming at europarl.eu.int > * Karl Heinz Florenz < kflorenz at europarl.eu.int > * Michael Gahler < mgahler at europarl.eu.int > * Vasco Graca Moura < vgm at mail.telepac.pt > * Marco Pannaella < m.pannella at agora.it > * Mihail Papayannakis < papagiannakis at syn.gr > ========================================== FULL REPORTS AND ARTICLES BEGIN HERE: ========================================== Association of Political Prisoners Prishtina, Kosova February 1, 2000 Shukrie Rexha tel 038-549-407 Alice Mead amead at maine.rr.com Dear Madame Secretary, Thank you for your support during the conflict in Kosova. But we must now ask for your help with the 1,600 Kosovar prisoners still known to be detained in Serbia. Their situation is very grave. Interviews with prisoners recently released, including fourteen and fifteen year olds, indicate in many cases that there is not enough food, there is a never-ending threat of torture, and there is a lack of medical care and family visits. The trials are according to observers of all nationalities "a travesty." Despite widespread concern for their well-being, little action to release the prisoners has actually occurred, even though the Serbs' six month detention period is long over. Now families are trying to raise 7,000 DM or more to have their family members' cases "expedited." They are angry that no international organization has taken the lead in investigating this abuse on a grand scale, or in setting up a transfer prison for discharged prisoners and debriefing those who have been abused and tortured for possible prosecution. There are still known to be ten minors in Leskovac, Sremska Mitrovica, and Pozharevac. Released minors report that torture for children and adults is conducted at the same level of violence. Prisoners taken from their homes last spring are poorly clothed, many had no shoes on and were wearing tee shirts. They are being kept in unheated cells and most sleep on the bare floor with no blankets. Requests to see a doctor are met with beatings. Discharged prisoners are suffering from psychological problems, contusions, broken bones, and head trauma. They are not being comprehensively treated. All released prisoners report being unable to sleep because they fear the people they left behind will die. We, the Association of Political Prisoners, would like to request that you appoint a Special Task Force of international and human rights lawyers to investigate this as a class action. These prisoners are being subjected to numerous Geneva Convention violations, as well as torture, intimidation, inhumane treatment, and mistrials. The ICRC no longer visits Sremska Mitrovica where released prisoners report that the conditions are appalling. They have the right to equal representation before international law, as well as the laws in Serbia. No one is investigating the Kosovar's side of the story at any level other than gathering information. Because no one has been authorized to deal with this, we propose a Special Task Force, authorized and funded just for this situation examine these cases and refer violations to The Hague. This was done for Kosovar refugees who crossed the border into Albania--but it was not done for those who stayed or were left behind. And that is wrong. This action needs to be taken before any further civil unrest develops in Serbia. These prisoners are in constant fear of execution. Failure to provide access to any form of justice for these European citizens is inexcusable. You must move this issue forward by providing the same kind of legal support and expertise afforded the fleeing rape and war victims in June, 1999, and the mass grave sites in the summer of 1999. This wide scale abuse that the prisoners are suffering is an intrinsic part of President Milosevic's ethnic cleansing program. The abduction of these 2,000 people was not a random accident. It was intentional, as is their continued torture and abuse. People in the villages are in constant mourning, unsure if their loved ones are dead or alive. Four prisoners have been returned dead so far. Some of the prisoners now in Sremska Mitrovica were witnesses at the Dubrava prison massacre. Oddly enough, the death of their peers is being investigated at The Hague, while the inhumane treatment of the witnesses and survivors is allowed to continue unchecked. Those prisoners at Dubrava hve not yet received medical treatment for wounds received on May 22, 1999, over eight months ago. There will be little or no normalization in the villages or towns of Kosova until the international community initiates and funds a formal investigation into this new form or ethnic cleansing. Sincerely, Alice Mead Shukrie Rexha Association of Political Prisoners Prishtina, Kosova ========================================== The Lesson of Orahovac: The International Administration in Kosovo Encourages Violence Against Serbs By Natasa Kandic During NATO's bombing campaign, Yugoslav Army (VJ) units from Nis and Leskovac, Serbian police (MUP) units from Kraljevo and Pirot, Russian mercenaries, and volunteers from Serbia and Republika Srpska were stationed in Orahovac. Between 220 and 250 Albanian families were ordered out of Orahovac by the police and the Army. About 1,000 Muslims from Orahovac left town in fear. Sixty Albanians were mobilized by force. Twenty-five Albanians were in custody on 1998 charges of terrorism and subversive activity. The approximately 17,000 Albanians who remained in Orahovac spent the time from March 24 until KFOR's arrival hiding in their homes from Serbian police, army troops and paramilitaries. Murders and Disappearances of Albanians During NATO's Bombing On March 27, four unidentified Serbs in black uniforms kidnapped Ilir Dina (21) and Qerma Rehu (18) in their BMW, while Ilir's brother, Ibrahim, managed to escape. The bodies of the abducted men were discovered by KFOR troops near the village of Trupec, on the road to Prizren, in late June. On March 28, Serb policemen and Army reservists searched the homes of the Topali family. They came again the next day and ordered the Topalis to vacate the houses. Two of the Topali brothers, Alush and Velija, left in a tractor and a car. Russian soldiers stopped them at the Hotel Park and demanded DM40,000 from them. Alush gave them all he had -- DM17,300. They let him keep DM100 for his journey. According to Alush, they were stopped 20 meters away by police reservist Zoran Stanisic from Orahovac, who hit Velija twice with the rifle butt with great force, knocking him to the ground. Some policemen picked Velija up and took him in the direction of the hotel. At the entrance to the hotel, Velija was attacked by Stanko Levi} and Aca Vito{evi}, local Serbs in uniform. According to Alush, his brother died on the steps of the entrance to the hotel. On March 30, a group of Serb policemen and reservists, some of whom wore red berets, killed Qazim (45), Sabit (33) and Fahredin (27) Dul at a police checkpoint on the road leading out of the town. As on previous days, they were going with their father to their farm to feed the sheep. The police at the checkpoint looked at their ID cards and then gave the father back his ID card and ordered him to return to Orahovac. They tore up his sons' ID cards and started beating them before their father's eyes. The father heard one of his sons beg: "Boza, don't. You know us." While he was returning to town, the father heard several gunshots. Five days later, he found their charred bodies in Bajram Shala's unfinished house 100 meters from the farm, near the checkpoint where they had been stopped by the police. Xhulsime Shehu (58) was killed in her home on April 13. According to the testimony given by a witness (a member of the Shehu family), four policemen, two of whom were local Serb police reservists, entered the house. The witness heard a burst of automatic gunfire. After that, he saw two of the policemen come out of the house and start digging in the yard where the Shehu family had hidden DM70,000 in cash and DM20,000 worth of jewelry. The witness saw two of these four policemen several hours later, when they returned to inspect the crime scene. On April 22, unknown persons killed Muhedin and Munavera Tara, the parents of Ismet Tara, the KLA commander in Orahovac. On April 27, three policemen brought Hajdije Spahiju (33), in the presence of her mother, to the police station, allegedly for questioning. The policeman that drove the police vehicle was a local. When they entered the house, the policemen had a stack of file cards containing identity cards, including Hajdije Spahiu's identity card. After a while, her mother went to the police station and reported to policeman Dragan Dujovic that her daughter was missing. Two policemen took her statement and told her they would inform their superiors in Belgrade about it. After KFOR's arrival, the mother found Hajdije's grave in the village of Bela Crkva, in the yard of Nuhi Kelmendi. According to Kelmendi, he found her body in his yard on June 1. She had been shot to death. Four Serb policemen took Arben Derguti (28) from his home on April 29, and he has not been seen or heard from since. He was driven away in a red van with Pristina license plates. According to Derguti's family, the uniformed men in the van included policeman Nenad Dujovic from Velika Hoca, the Orahovac police deputy commander, a drunken reservist with an earring and policeman Stanoje Vidovi} (son of Budimir Vidovic) from Bosnia, who had been assigned to the Orahovac police station. The van was driven by a local Romany. On May 3, three policemen killed biology teacher Elmaze Kadiri and her mother-in-law Nurisha, and then set their house on fire. Neighbors managed to put the fire out before it engulfed the entire house. The family concluded from Elmaze's broken teeth and cut-off pieces of her ears that she had been cruelly tortured before she was shot to death. Three days after the murder, the police ordered Elmaze's husband and children to leave the house and go to Albania. The brothers Sulejman (45) and Nekija (62) Dema, and Nekija's wife Shefkije (54) disappeared on May 4. According to their family, Vekoslav Simi}, an Orahovac physician and friend of the Demas, came to Sulejman asking for his brother Nekija, who owned an appliance-and-plumbing store, because he wanted to purchase some material for the health-care station of which he was the director. As Nekija was not at home, Sulejman and Dr. Simic started looking for him. Witnesses say they saw all three of them, in the company of Yugoslav Army officers, in front of the store around 11 am. At around 12 pm, Dr. Simic came to Sulejman's house again and said that some reservists had entered the store and led Nekija, his wife and Sulejman away, but that he knew their commanding officer and that they would soon be sent back home. Their fate is still unknown. Jermin and Emsala Abazibra and their daughters -- Sehare (25), Makvire (24) and Jasmine (14) -- left their home on May 5 after a group of uniformed persons, including a local policeman, Bo`a Damjanovi}, entered it and ordered them to pack up and leave for Albania. The Abazibras left their home in a Golf, which witnesses saw on the road to Prizren. Witnesses say that their car was followed by paramilitaries in a red van and a white Lada. Two local Serbs, Aca Vito{evi} and Igor Antic, were reportedly among the paramilitaries. Several days later, the police in Orahovac confirmed to relatives that five members of the Abazibra family had been killed. The relatives were given two identity cards, two pairs of earrings and two wristwatches. Seven members of the Sharku family, one of the richest in Orahovac, were killed in the night of May 9. They were: Taibe (58), Ali (58), their daughter Azemina (36), her children Visar (13), Azra (10) and Venhara (8), and Egzona (8), daughter of Azemina's brother Haxhia. The bodies were discovered by Azemina's sister Iska, who visited her parents and sister on May 10. The victims were shot to death. It seems that plunder was the main motive for this massacre. DM400,000 worth of cash and gold was taken from their home. Ajvazi Seram was in the home of a neighbor, Ismail Bekeri, on June 11, when five uniformed persons came in, saying they had to search the premises. Three of them took Bekeri to the basement, while two took Seram to the upper floor, where they beat him until he gave them DM500 and told them he had more money and gold in his house. They let him go home to retrieve this money and gold. Meanwhile, they killed Bekeri. The police waited for Seram to return, then took his money and gold, telling him they would not harass him any more. On June 11, five uniformed persons entered the house of Hidayet Cena and his sister Lirije, asking for money and gold. Lirije gave them her jewelry, but they wanted money. One of them took Lirije to the upper floor to find her money, while the others forced her brother to deliver cash as well. They killed Hidayet and inflicted a serious stab wound on Lirije. On June 12, Jonuz Hoxha (13) -- whose father was killed by Serb troops in July 1998 while fleeing Orahovac with a group of civilians – was killed by one of the pressure-activated mines laid by retreating Russian volunteers who had stayed in Orahovac during NATO's bombing campaign. (...) You may find the full report at: http://www.khao.org/appkosova/appkosova-report0040.htm ========================================== FREEB92 DAILY NEWS Albanians imprisoned February 01, 2000 LESKOVAC, Tuesday - Two Kosovo Albanians were today sentenced to fifteen and five years in a Serbian prison on charges of terrorism. Agim Ejshani and Zahir Agushi, both of Klina, were tried in a special hearing of the District Court from the Kosovo town of Pec, sitting in Leskovac in southern Serbia. Ejshani was convicted of taking part in the bombing of a police station in the Kosovo village of Klincici in September 1998 and Agushi of giving assistance to Kosovo Liberation Army members in 1997 and 1998. http://www.freeb92.net/archive/e/ ========================================== KOSOVAPRESS Three Albanian prisoners were released from the Serb jails February 01, 2000 Prishtinë, February 1 (Kosovapress) Last night from the prison of Pozharevci, were released Ibrahim Pepshi, Rrahman Jonuzaj and Mikel Dodaj, all three from the village of Dujakë, the district of Gjakova. According to Rrok Lulaj, the head of the sub-branch of the Democratic Progress Party of Kosova of the village of Dujakë, all three of those Albanian innocent citizens have been kept in prison for 13 months. Meanwhile, Rrahman Jonuzaj and Mikel Dodaj during their staying in prison, have coped the wounds caused during the NATO bombardment, in the Dubrava prison. http://www.kosovapress.com/english/shkurt/1_2_2000.htm ========================================== AGENCE FRANCE-PRESSE Two Albanians jailed by Serbian courts for terrorism February 01, 2000 BELGRADE, Feb 1 (AFP) - A Serb court on Tuesday sentenced two Kosovo Albanians to 15 and five years in prison for "terrorist activities," Beta news agency reported. Agim Ejshani, 46, was sentenced in the southern Serbian town of Leskovac to 15 years jail for participating in a mortar attack on a police station in central Kosovo in September 1998. The same court jailed Zahir Agushi, 49, for five years, for helping the Kosovo Liberation Army (KLA), which fought for independence for Kosovo's ethnic Albanian majority, the agency said. Both men are from the central Kosovo town of Klina. The KLA was officially demilitarised last September after the United Nations took over the administration of the Serbian province. A total of 1,700 ethnic Albanians are held in Serbian prisons, mostly accused of being KLA members, according to the non-governmental Humanitarian Law Centre in Belgrade. More than 170 ethnic Albanians have been convicted in the past three months and sentenced to jail terms ranging from three to 15 years. More than 230 other defendants have been released since mid-June, when Belgrade transferred some 2,050 prisoners from Kosovo when it was forced by NATO air attacks to withdraw its forces from the province. Story from AFP Copyright 2000 by Agence France-Presse (via ClariNet) http://www.clari.net/hot/wed/an/Qyugo-kosovo-court.RCbk_AF1.html ========================================== AGENCE FRANCE-PRESSE Serbian court hands down five-year jail sentence to Kosovo Albanian February 02, 2000 NIS, Yugoslavia, Feb 2 (AFP) - A Serbian court sentenced on Wednesday an ethnic Albanian to five years in prison for "terrorist activities" against the country. Shpetim Hoti, 22, from the southwestern Kosovo town of Djakovica, was sentenced by a court in Nis for "joining" separatist Kosovo Liberation Army (KLA), which fought for independence for Kosovo's ethnic Albanian majority. Although Hoti, detained since August 1998, had previously denied the charges, speaking at the trial Wednesday, he admitted he had joined the KLA units. The KLA was officially demilitarized last September after the United Nations took over the administration of the Serbian province. A separate trial of five ethnic Albanians, accused of being the KLA members, was adjourned by the Nis court for February 7. A total of 1,700 ethnic Albanians are held in Serbian prisons, mostly accused of being KLA members, according to the non-governmental Humanitarian Law Centre in Belgrade. More than 170 ethnic Albanians have been convicted in the past three months and sentenced to jail terms ranging from three to 15 years. Since mid-June, when Belgrade transferred some 2,050 prisoners from Kosovo when it was forced by NATO air attacks to withdraw its forces from the province, more than 230 other defendants have been released, the center said. Story from AFP Copyright 2000 by Agence France-Presse (via ClariNet) http://www.clari.net/hot/wed/di/Qkosovo-yugo-court.Rju0_AF2.html ========================================== V.I.P. NEWS SERVICES Serb and Albanian Prisoners Exchanged February 2, 2000 Three Serb prisoners held in Albanian jails in Kosovo were exchanged for three Albanians on Saturday, Blic says on Wednesday. The daily said the exchange took place with the mediation of the Ozna detective agency from Kragujevac at two separate locations simultaneously. The three Albanians were returned to their families at the KFOR base in Merdare at 13:00 on Saturday after courts in Serbia freed them of charges of taking part in the conflict on the side of the Kosovo Liberation Army (UCK). The three Kosovo Serbs were freed in Rozaje at the end of a search for them after they went missing last October, the owner of the Ozna detective agency told Blic. The identity of the released prisoners was not disclosed and Ozna sources said they expect to see more imprisoned persons exchanged soon. This was the first case of an exchange of prisoners following the conflict in Kosovo. ========================================== SOURCE: Writers in Prison Committee (WiPC), International PEN, London IFEX- News from the international freedom of expression community Flora Brovina appeals twelve year sentence, Halil Matoshi released Action Alert Update - Federal Republic Of Yugoslavia (Serbia) February 01, 2000 (WiPC/IFEX) - On 9 December 1999, Flora Brovina, a Kosovo Albanian poet, pediatrician and women's rights activist, was sentenced to twelve years in prison. On 21 January, her legal defense filed an appeal to the Serbian Supreme Court against the judgment. International PEN continues to call for Brovina's release. On 21 January 2000, Rajko Danilovic, Flora Brovina's defense lawyer retained by the Belgrade based Humanitarian Law Centre (HLC), filed an appeal to the Serbian Supreme Court against the twelve year sentence served against his client in December. Brovina was convicted of "terrorism". The appeal calls for the Supreme Court to either acquit Brovina, or to order her release on bail pending a retrial on the grounds that there had been serious violations of due process during the trial hearings. One of the irregularities cited in the appeal was that the conviction was based on evidence obtained from Brovina under interrogation. Another irregularity is that material that had not been made available to the defense prior to the trial was read out at the court. The lawyer sees these irregularities as being in breach of the Serbian Code of Civil Procedure. Other complaints by the defense are that the courts view any Kosovo Albanian institution's activities as potentially "seditious" with the objective of Kosovan secession. These institutions include organizations such as the League of Albanian Women, of which Brovina was a senior member. The defense notes that the League's activities are, however, non-partisan and solely dedicated to the promotion of women's rights. Similarly, all protests and demonstrations held in Kosovo were seen as "hostile acts" against the Federal Republic of Yugoslavia. Brovina had been influential in a number of protests in the late 1990s against Serb human rights abuses. The HLC states "that most of the contents of the statements read out [in the court] were untrue and [that Brovina] used the metaphor of the elephant which admitted to being a giraffe to describe the mental torture she was subjected to." International PEN was formerly seeking clarification on reports stating that journalist Halil Matoshi, who works for the Albanian-language "Zeri" newspaper, had been arrested in June in Kosovo and transferred to a prison in Serbia. PEN has since received confirmation that he was held for some time in Pozarevac Prison without charge. This is the same prison where Brovina was held until her transfer to Nis. On 1 February, International PEN learned that Matoshi was freed on 28 January, and has returned to his family. RECOMMENDED ACTION: Send appeals to authorities: - condemning the twelve year sentence against Brovina, who is held solely because of her legitimate and non-violent humanitarian activities and for her long-running campaign against Serb abuses in Kosovo - calling for her immediate and unconditional release APPEALS TO: Slobodan Milosevic President Fax: + 381 11 636 775 For those meeting difficulties with this contact number, try: Zivadin Jovanovic Minister of Foreign Affairs Fax: + 381 11 367 2954 PEN also recommends that letters of protest be sent to the Serb embassies in your own countries. Please copy appeals to the source if possible. For further information, contact the WiPC, International PEN, 9/10 Charterhouse Buildings, Goswell Road, London EC1M 7AT, U.K., tel: +44 171 253 3226, fax: +44 171 253 5711, e-mail: intpen at gn.apc.org The information contained in this action alert update is the sole responsibility of WiPC. In citing this material for broadcast or publication, please credit WiPC. Distributed by the International Freedom of Expression Exchange (IFEX) Clearing House 489 College Street, Suite 403, Toronto (ON) M6G 1A5 Canada tel: +1 416 515 9622 fax: +1 416 515 7879 Alerts e-mail: alerts at ifex.org General e-mail ifex at ifex.org Internet site: http://www.ifex.org/ ========================================== NOT ALL THE KOSOVARS HAVE GONE HOME By Susan Blaustein February 03, 2000 The Wall Street Journal Europe, page 12 For most ethnic Albanians, the war over Kosovo had a happy ending. But in addition to the thousands who died, there are several thousand more still being held in Serbia. These prisoners, most of whom were arrested or abducted during the NATO air strikes, were hastily moved into Serbia proper once the peace agreement was signed last June. Unfortunately Western governments and institutions, eager to paint a rosy picture of the reconstruction process in Kosovo, have been mostly silent on this issue. Women and children were among those Albanians taken by the Serbs. Two Albanian babies have been born in Serbian prisons since the conflict ended. One woman, a highly respected pediatrician and poet, was recently sentenced to 12 years for her "terrorist" activities. Some 350 prisoners, including all but 10 of the children, have now been released by the Serbian justice ministry, which claims some 1,650 prisoners still under its control. Kosovar human rights monitors, keenly aware of the thousands of Albanians still missing, fear that there are hundreds more whose identities and whereabouts have not been disclosed. Even the Serbian government's conservative figures would suggest that one in a hundred Kosovar families still have a family member – usually a male wage-earner -- in a Serbian prison. During extensive interviews with Kosovar families and prisoners, I was told that many have suffered regular torture and abuse while in Serbian custody. Visiting family members have had difficulty recognizing loved ones who now appear battered and emaciated, and prisoners have reported a number of suicides among their cellmates. Few detainees have been charged or tried, in flagrant violation even of Serbia's criminal code, which generously affords authorities six months in which they may detain prisoners without charging them with any crime. Prisoners' families, meanwhile, are reeling under the emotional and financial strain. Many have paid exorbitant bribes to one or more Serbian lawyers, in hopes of buying their loved one out of prison, or at least of getting accurate information regarding his whereabouts. Many have put their lives at risk by travelling unescorted across Serbia to visit their family members, and have paid bribes to Serbian officials at every checkpoint along the way. But United Nations officials in Kosovo, eager to chart progress toward reconstruction and democratization, have set up a commission to address the problem, but have reportedly urged these families to move on and busy themselves rebuilding their homeland. Such appeals only enrage prisoners' families and supporters, who insist there can be no rebuilding, no peace, and certainly no reconciliation until the prisoners are returned. While the issue of releasing the Albanian prisoners was included in each cease-fire and proposed peace agreement in the course of the Kosovo conflict, these provisions were unceremoniously dropped from the final "military-technical agreement" negotiated between NATO commanders and their Yugoslav counterparts. Senior NATO officials say that Washington, in its eagerness to end the bombing, acceded to Serb demands to remove the prisoner provisions, among others, from the draft peace agreement. This omission is regrettable, to say the least. The International Committee for the Red Cross has not campaigned for the prisoners' release because it claims to lack the authority, in the absence of an internationally binding legal document. Other international organizations, among them the United Nations High Commission for Human Rights, have found it very difficult to press Belgrade without the backing of a signed agreement. With so little diplomatic or economic contact with this ostracized rogue nation, Western governments would also appear to have very little leverage. But these are just excuses for inaction. International humanitarian law long ago foresaw circumstances in which, for whatever reasons, formal peace agreements might neglect to include provisions relating to prisoners of war and detained civilians. The Third and Fourth Geneva Conventions of 1949, Common Article III to all the Geneva Conventions, and Protocol II, which entered into force in 1978 and to which the Federal Republic of Yugoslavia is a signatory, state unambiguously the obligation to release all such prisoners immediately upon the cessation of hostilities, and, as long as they remain in detention, to guarantee their humane treatment and rights to due process. Hence the international community is not only well within its authority to demand the prisoners' release, but as signatories to the Geneva Conventions it can be argued that Western nations have the obligation to force those who violate those conventions to comply. The U.S. State Department has already helped to galvanize an international effort in Kosovo on behalf of both the prisoners and the missing. Last month, the European Union's Council of Ministers promised to do the same. First, the EU's Council and Commissioners should draft and introduce a U.N. Security Council resolution calling on Belgrade to abide by international law, and to release all Albanian political prisoners still detained in Serbia. In addition, the EU should work with the U.S. and the appropriate international agencies to create a properly staffed, well-equipped task force that will take the lead in identifying and locating those in detention, gaining access for family members, physicians, and defense counsel, monitoring trials, and pressing the relevant Serbian ministries for the prisoners' timely release. Finally, the EU should make clear that there will be no lifting of sanctions for Serbia, or admission to the Stability Pact for southeastern Europe, until such time as the Albanian prisoners are released. There can be no business of peace until the business of war is complete. In this case, that business consists of thousands of the very lives that NATO intervened, almost a year ago now, to protect. --- Ms. Blaustein is senior consultant to the International Crisis Group, which just released a report on the Albanian prisoners in Serbian detention. (Copyright (c) 2000, Dow Jones & Company, Inc.) ========================================== KOSOVAPRESS Teki Bokshi visited 15 Gjakova prisoners February 03, 2000 Gjakovë, February 3 (Kosovapress) The fate of 1500 inhabitants of municipal of Gjakova, who are taken as hostage, kidnapped on the streets, at works, at houses and everywhere they were found. They are still on the Serbia jails, but some of them are unidentified and their families know nothing about them, they have no names and surnames announced at the jails this is a big worry for the our citizens. Now days is talking much about 144 prisoners especially from the street Çabrati, where their fate is expected to be announced very soon as we have been informed by Mr. Teki Bokshi lawyer for the humanitarian rights but the date has not been jet proclaimed. By the way the lawyer Teki Bokshi last few days has visited some of the Gjakova prisoners and all they are safe and in very stable conditions, they are: Gani Gexha, Qamil Haxhi Beqiri, Nexhmedin Varaku, Medi Ferizi, Edmond Dushi, Mithat Guta, Shefqet Vokshi, Jeton Bytyqi, Arbën Lukaj, Kastriot Zhubi, Adriatik Pula, Burim Zhubi, Gzim Sada, Skender Sina and Albert Delia. News at 19:30 http://www.kosovapress.com/english/shkurt/3_2_2000.htm ========================================== KOSOVAPRESS Hunger strike for the release of the hostages who are still kept in the Serb jails February 03, 2000 Gllogoc, February 3 (Kosovapress) The Sub-Council for the Defense of the Human Rights and Freedoms in Gllogoc released a statement for journalists in which it expressed the concern of thousands of Albanians who are still kept under the horror conditions of the Serb jails throughout Serbia. The Council will organize this hunger strike to tell to the International Community that it is not doing anything for the release of the detainees, missing people and Albanian prisoners who are still kept in the Serb jails. A 24 hunger strike will be organized, in the sign of expressing solidarity for those who are kept under the permanent torture in the Serb jails. The hunger strike will start tomorrow at 14:00.This hunger strike will be open for all, coming from every part of Kosova. In the end of the hunger strike will be held a press conference for journalists. ========================================== FREE SERBIA Imprisoned two Albanians in Leskovac February 02, 2000 District Court from the Kosovo town of Pec, sitting in Leskovac in southern Ser bia, had sentenced yesterday two Kosovo Albanians, Agim Ejshani and Zahir Agush i, both from Klina, to fifteen and five years in a Serbian prison on charges of terrorism. Ejshani was convicted of taking part in the bombing of a police sta tion in the Kosovo village of Klincici in September 1998 and Agushi of giving assistance to Kosovo Liberation Army members in 1997 and 1998, reported Beta. http://anon.free.anonymizer.com/http://www.xs4all.nl/~freeserb/news/e-sreda0 2februar.html ========================================== BART STAES Parliamentary Questions to the E.U.Council. February, 2000 Herewith my parliamentary questions to the European Council about the Albanian prisoners in Serbia. On the occasion of the hunger strike (from 24.12.99 until 06.01.00) and the demonstration on 05.01.00, both organized in Brussels by Kosovarians of the Albanian World Union for the release of the Albanian prisoners in Serbia, I was received by an assistant of the High Representative for the Common Foreign Affairs and the Security Policy and by the Portuguese Presidency of the European Union on the 5th of January. Both authorities promised to put the question of the Albanian prisoners on the agenda of the European Council of Ministers on the 24th and 25th of January. Reading the reports I came to the conclusion that there was not a discussion about this question on that European Council of Ministers. Therefore I would like to pose these questions : How the Council will implement the Resolution of the European Parliament from 16.09.99 in which the Presidency is urged to hold direct talks with the Serbian government on the early release of all prisoners ? When the Council will have discussions on the case of the Kosovarian prisoners in Serbia ? Is the Council ready to introduce and to support an U.N. Security Council resolution calling the release of the albanian prisoners in Serbia ? If not, why not ? Is the council ready to make it clear that the ultimate lifting of sanctions against Yugoslavia, as well as Serbia's participation in the stability pact for south eastern europe, must be conditioned on the resolution of all outstanding issues concerning kosovarian prisoners ? if not, why not ? Sincerely, Bart Staes, Member of the European Parliament ========================================== AMNESTY INTERNATIONAL Kosovo: Justice not being done February 04, 2000 Delays in establishing a functioning, multi-ethnic, independent and impartial judicial system in Kosovo have led to a situation where human rights abuses, particularly against members of minority communities are committed with virtual impunity, Amnesty International wrote in a letter to the United Nations (UN) in Kosovo. The organization is concerned there is a growing perception in Kosovo's communities that justice is not being done in some courtrooms where judicial decisions appear to be made with political, rather than legal considerations in mind. Members of the judiciary have been subjected to threats, intimidation and even violent attacks. And delays in the establishment of a functioning judiciary have led to extended periods of pre-trial detention. Amnesty International welcomed the recent appointment by the UN Mission in Kosovo of new judges and lay judges as an important step towards the re-establishment of a functioning judicial system, but pointed out this is not enough to correct the current judicial problems. In a report released today which accompanied the letter, Amnesty International urged the UN to; bring the judicial system and all applicable laws, including UN-created laws, into line with international human rights standards, place international judges and prosecutors in Kosovo's five district courts and appeals structures, and provide legal professionals with training in international human rights and humanitarian law. Source: Amnesty International, International Secretariat, 1 Easton Street, WC1X 8DJ, London, United Kingdom http://www.amnesty.org/news/2000/47000700.htm ========================================== KOSOVAPRESS Who is guilty for the bloodshed Mitrovicë, February 4 (Kosovapress) During the last 24 hours the Serb criminals killed at least 6 Albanian and wounded about twenty others. The cause of this reason is the attack on the UNHCR bus and the murder of two Serbs. This attack was condemned by Albanians and their political parties. Also it was condemned and by KFOR, UNMIK, OSCE and by Madeline Allbright and by many other world political. Many reports announce that the attack has bee made by Albanians! The accusation to the actors ethnical minorities on attacks is morally and juridical harmful. In Kosova somebody is assisting to the murders, attacks and is giving the direction to the political causes. Many guards, inside and outside Kosova, these incidents they always want to see and to be organized and created by Albanians. It is true that for many Serb murdered the guilty is Belgrade by their secret services, if we just look at the facts that Serbia wants destabilization in Kosova, then we have to understand that the attack on UNHCR bus and the murder of two Serbs has been committed by the secret services of Belgrade. For the situation in Kosova, for murders, buries and for the terms among the Albanian majority and Serb minorities it is written all around the world. But only few are who have to do with the situation. The first cause is not the definition of the Kosova status. Except this, there are some other reasons where social and economic process loud the situation. The statement and concrete efforts of OSCE, UN and some other large countries for the keeping Kosova under the Serb control brings the intensified situation in Kosova and its current destabilization. Their stress had encouraged Serbia which had reinforced their crimes in Kosova, by acting and provoking many different conflicts. This has encouraged and local Kosova Serbs which are organized as "enclaves" and directed by the criminal regime of Milosheviq. There was a hope that by coming KFOR forces ,the Kosova border will be safe and secure, and order and peace will be for everyone in Kosova. What happened? Across the border Albanian-Albanian are deployed many forces who monitor during the night day, and the border among Serbia-Montenegro already is open. And the criminals who run away now are returned back and do the same acts with the Northern criminals. The developed countries, they did not keep their promises on helping Kosova. The Kosova budget is still zero! The government of Kosova is governed without laws, by desire of French military, Italian, American and British! After seven months, the concern belongs to soldiers, polices who wonder streets and restaurants! The persecutors and lawyers are named by the ex-regime and they want to keep the justice according to the Yugoslav laws. Still the inhabitants from East Kosova Bujanoc, Presheva and Medvegja are killed, raid, expelled... The North deployments are not just as they should have been. To divide Kosova has bee made a deal already one year. The first step it was to depart Mitrovica, where on the first day they disturbed the Albanians to return their homes and on the other side they let the criminal serbs to come back. The French forces proclaimed to the Albanians for the self defense! What kind of game is this. Why we have to defense ourselves when we are unarmed why you are here just to protect the serb criminals?! If you insist on this Albanians are enough aware and they know how to defense themselves. About this situation should undertake something and Albania and to voice itself officially. The tragic game for the Albanians seems has not ended yet... http://www.kosovapress.com/english/shkurt/4_2_2000.htm ========================================== Additional updates of the Kosovar political prisoners, including those sentenced, missing and released, may be found at: http://www.khao.org/appkosova/appkosova-database.htm http://www.khao.org/appkosova/appkosova-report0037.htm http://www.khao.org/appkosova/appkosova-report0038.htm http://www.khao.org/appkosova/appkosova-report0041.htm Archives of the A-PAL Newsletters may be found at: http://www.khao.org/appkosova.htm Albanian Prisoner Advocacy List -- Prisoner Pals Newsletter, No. 009
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