[A-PAL] Special Report - May 24, 2000

[kosova at jps.net]

Welcome to Albanian Prisoner Advocacy List
S P E C I A L   R E P O R T

May 24, 2000

Association Of Political Prisoners
Kosova Action Network
Alice Mead

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A-PAL BULLETIN:
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	CALL FOR JUSTICE

No future for Serbia under Milosevic: Albright

FLORENCE, Wednesday Serbia would have no future while Slobodan Milosevic was
in power, US Secretary of State Madeleine Albright said today. At a meeting
of NATO foreign ministers in Florence, Albright said that Milosevic had been
charged with crimes against humanity, had threatened his political
opponents, conducted a campaign against independent media and isolated his
country from the rest of the world. She emphasized that the international
community and Western countries should help the Serbian opposition unite,
rather than impose democracy on Serbia, adding that the West could support
independent organizations. "We can only say clearly that the Serbian
opposition would be warmly welcomed and supported by Europe and the
international community," said Albright.

Hague demands Milosevic's arrest

BRUSSELS, Wednesday -- President of the Hague Tribunal Clod Jorda demanded
during the session of the Council for Peace Implementation in Bosnia that
senior Yugoslav and Serbian officials accused of war crimes be arrested,
since they are still a serious danger to order and peace in the Balkans.
Jorda said this applied especially to Yugoslav President Slobodan Milosevic,
Federal Defense Minister Dragoljub Ojdanic, former President of Republic of
Srpska Radovan Karadzic and former commander of RS Army Ratko Mladic.

Justice minister provokes Hague chief prosecutor

BELGRADE, Wednesday -- Yugoslav Justice Minister Petar Jojic criticized the
Hague Tribunal and said that Yugoslav authorities would not extradite a
single citizen to that court, state radio reported. An extensive letter of
25 pages sent to the Hague Tribunal chief prosecutor, was entitled "To Carla
del Ponte, a whore who sold herself to the Americans". Jojic first attacked
the Tribunal for being founded contrary to international law and for
participating in the destruction of Serbian people. Then he went on to
demand that charges be brought against the western politicians and NATO
leaders who had ordered air strikes on Yugoslavia. Jojic called the Hague
Tribunal a "dungeon" and a "crime organisation".

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RELATED QUOTES – May 23, 2000:
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     The district court in the southern Serbian town of Nis on Monday jailed
143 Kosovo Albanians to terms of between seven and 13 years on terrorism
charges after what defence lawyers denounced as a "political" trial.  The
court handed down sentences totalling 1,632 years for what it said was their
part in attacks against government forces during the 1999 NATO air strikes
against Yugoslavia. (Full article below)

     Describing the trial as a "farce," Kouchner said he could clearly see
the hand of Yugoslav President Slobodan Milosevic, who was seeking to
provoke trouble in Kosovo.  "Several times we have asked Belgrade
authorities to give us the possibility to get back all those detained and to
have fair, international, open and transparent trials in Kosovo... Some
people were brave, some people were not. Some were guilty, some were not.
There is no collectivity on one side or the other."
     Judge Goran Petronijevic said forensic tests taken by the police upon
the arrest of the group last May were "crucial" to the verdict, although he
added: "Individual guilt was impossible to establish."
     Human rights group Amnesty International also condemned the judge's
comments in a statement issued Tuesday. "The presumption of innocence of
each of the accused was not Respected... Little attempt was made during the
trial to establish individual guilt on the part of the accused; the key
prosecution evidence, a forensic report whose scientific
reliability is in question, simply lists the names of 155 men without
detailing findings relating to any individual."
     The European Union's high representative for security and foreign
policy Javier Solana expressed his deep shock at the sentences. "This is a
new sign of the total scorn of the regime for the basic principles of modern
democracy," Solana said in a statement... This decision will not help to
reduce tension in Kosovo, where the question of those who have disappeared
or are under detention continues to pose a major obstacle to reconciliation
and creation of a climate of tolerance and security," he added.
     British Foreign Secretary Robin Cook denounced the verdicts late
Monday. "This is yet another sign of the desperation of the Milosevic
regime, which is prepared to go to any lengths to repress dissident voices."

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RELATED ARTICLES:
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GRUPA484"
The trial of "Djakovica group"

Nis District Court
May 8-12, 2000

    The trial of the Albanians from the so-called "Djakovica group",
initiated on April 18th 2000, continued on May 8th 2000 in the Nis District
Court.
    The remaining 64 defendants stated their defenses up to May 10th. As it
was the case during the entire procedure, all the defendants stated their
defenses, which was not the case in the investigation, when the majority of
the defendants chose to remain silent.
    All the defendants denied the accusations in the indictment.

Following violations of Criminal Code Procedures were noticed thus far:

· the defendants were arrested between May 7th-12th 1999
· the police decisions on pre-trial confinements were delivered to them on
May 15th 1999 on the basis of Federal Government Regulation on
implementation of Criminal Code Procedures in the state of war giving the
authority to the police to set a pre-trial confinement of one month during
the state of war
· on June 15th 1999 expired the one-month pre-trial confinement deadline
· the above Federal Government Regulation was suspended on June 24th 1999,
so the maximum temporary arrest is now 72 hours.
· on November 17th 1999, the first defendant was brought to a hearing by an
investigative judge; the deadline for establishing a pre-trial confinement
by the investigative judge is three days, but only
· on December 23rd 1999, the first decision on pre-trial confinement was
made

There is a vacuum between June 15th (when the inquiry should have begun,
according to the Criminal Code Procedures) and December 12th 1999 (when it
actually began).

Changes during the main hearing:

· The procedures previously set aside, regarding two defendants that were
underage at the time of the arrest, were rejoined with the agreement of
defense attorneys.
· On May 9th 2000, one of the defendants was sent to a psychiatric
examination in Belgrade in order to establish his psychological condition at
the time when the crime, he was accused of, was committed, as well as during
the trial.

Presentation of evidence

May 10th - 7th day of the trial

On May 10th 2000, the hearings of the defendants were finished and the
presentation of evidence began. Among the summoned witnesses, only Darinka
Rakovic - mother of the killed YA soldier, Aleksandar Rakovic - appeared at
the court.
     Since all 145 defendants were not allowed to attend the presentation of
evidence (which the law implies) in a short period of time, the court made a
decision, with the defense attorneys' agreement, to interrogate the witness
outside the main hearing      After a moving statement, the mother of a
killed soldier supported the criminal charges and asked the court to
pronounce the maximum sentence.

May 11th - 8th day of the trial

At the beginning, the court made a decision to resume the main hearing
during the presentation of evidence, established the presentation of
evidence according to official duty by interrogating the following
witnesses: Nebojsa Avramovic and Veselin Veshovic, employees of Djakovica
Secretariat of Internal Affairs (SUP), as well as Pristina SUP experts,
Milutin Visnic and Slavisa Jankovic.

According to the Criminal Code Procedures, all the defendants attended the
presentation of evidence.

- NEBOJSA AVRAMOVIC, Djakovica SUP employee since 1996. According to his
statement, he was in charge of a test establishing traces of nitrate and
nitrite on the defendants' hands and clothes. Asked by the defense attorneys
if he performed the test on all the defendants, he confirmed, saying that he
personally took 30-40 samples, and recognized among the defendants one of
the arrested that was subjected to the test.
     Let us remind that during the hearing only a few defendants stated that
this technique was applied on them.

- VESELIN VESHOVIC, also a Djakovica SUP employee, confirmed by his
statement his colleague's statement. He said that a regulation on keeping
records of such data does not exist.

- MILUTIN VISNJIC, a Pristina SUP expert and a mechanical engineer. He
stated that the technical part of the test was performed correctly, but
added that the "paper work", i.e. taking personal records of the defendants
was in a way incomplete, which he explained by the circumstances in which
the test was performed.  It was included in the court record that the above
expert finished a six-month specialized training in physical-chemical
examination and metaloscopy, which qualifies him for the expert opinion.
However, the defense lawyers complained.

- SLAVISA JANKOVIC, Pristina SUP expert. According to his statement, during
the processing of the nitrate and nitrite samples, it is usual to describe
their density and zones, sometimes even draw the graphic representation of
the particles and zones.  In this case it was NOT DONE. Both experts tried
to justify that by the situation and conditions in which the test was
performed, as well as by large number of samples. Furthermore, presence of
nitrate and nitrite particles is ONLY A STRONG INDICATION, but not a 100%
proof that the particles come from gunpowder. Nevertheless, according to
statement made by the same witness, the samples should be processed as quick
as possible, and he has no information how long it took to transport them
from Djakovica to Pristina, and how it could have effected the results. He
also explained that the nitrate and nitrite particles could be transmitted
by a handshake, or come from cigarette ashes, artificial fertilizer, urine,
and even certain cosmetic products and detergents, although in that case the
number of particles is much smaller and their disposition is different.

May 12th - the ninth day

Following witnesses, employed at Djakovica SUP, were interrogated: Rade
Vlahovic, Danilo Zecevic, Predrag Dzavric, Radovan Nikolic, Dusan Dragovic
and Slobodan Kovac. The documents stated in the indictment were also
presented as evidence. The prosecutor and the defense suggested a
presentation of new evidence, some of which were accepted by the court and
will be presented on May 16th.

-  Rade Vlahovic, Djakovica SUP

According to his statement, the police had no warrant, specifying their
names, to arrest the suspects. The arrested were not in possession of any
weapon, nor in uniforms, but Mr. Vlahovic learnt from his colleague that
there were weapons and uniforms in a number of houses, but he couldn't say
precisely which and whose.
     He also said that there was an opening in each backyard leading to
another, so one could pass through all the backyards along the street
unnoticed. In his opinion, the KLA used them in the terrorist attacks.

-  Danilo Zecevic, Djakovica SUP

Employed as "sector commander". He explained that Djakovica was divided in
several sectors and that he was in charge of a part of the town. He
confirmed his colleague's entire statement.

-  Predrag Dzavric, Djakovica SUP

In charge of criminal-operative treatment. He stated that on April 10th
1999, along with his colleagues Novovic and Danilovic, he "ran into a
terrorist crossfire", when Novovic was wounded. He said that the shots came
from openings in the wall facing the street, intended, according to him, to
be loopholes. As he found out, the population of the Cabrat residential
quarter dressed as civilians during the day, and during the night they wore
uniforms and carried out terrorist attacks.

-  Radovan Nikolic, Djakovica SUP

According to his statement, all the arrested were not kept in custody,
because the nitrate-nitrite test showed negative results, and they were free
to go home. Regarding the way in which the interrogation was carried out, he
stated that the police at first told the suspects that the test came out
positive and that it was the reason they were kept in custody.
     Asked by the council what influenced their choice between making a
record and official note, he explained that it was the concrete situation
(if there was an air-raid alarm at the time or not), as well as the results
and contents of the interrogation. The information about the persons he was
supposed to interrogate, he got through a verbal
order by his superior officer.

-  Dusan Dragovic, Djakovica SUP

He confirmed his colleagues' statements.

-  Slobodan Kovac, Djakovica SUP

According to his statement, the information about the terrorists were
obtained through "friendly connections and operative inquiries". Requested
by the council, using the map of Djakovica, he explained which of the
streets belonged to Cabrat residential area, as well as important locations
where the terrorist attacks took place. One of the defense attorneys, Mr.
Teki Boksi, disagreed with him, saying that both indictment and witnesses
used the terms which were not used in Djakovica (for example the term
"Cabrat" regards only the Asim Voksi street, not the entire residential
area). Nevertheless, the witness adhered to his explanation.
    However, before today's hearing began, the defense attorney, Mustafa
Radonici, warned the president of the council that, before today's session,
he had seen Deputy District Attorney, Vojislav Soskic, and the witnesses,
who were supposed to be interrogated today, talking and making plans.
According to the prosecutor's statement, the above situation never took
place.

The trial is to be resumed on Tuesday, May 16th 2000.

Nis, May 8th -12th 2000

Group 484's
Volunteer Center for Direct Protection of Human Rights

Report on the trial of the so-called "Djakovica group"
Nis District Court
May 19th and 21st 2000

May 19th 2000 - The closing statement

On May 19th 2000, the trial of "Djakovica group" continued in Nis. Today,
the prosecutor and the defense announced their closing statements.
     Deputy District Public Prosecutor, Vojislav Soskic, adheres to the
indictment in full and states that the defenses of the accused are
unreliable due to the fact that the evidence points otherwise. He is
demanding that all be proclaimed guilty as charged, and the ones under age,
responsible, and that their temporary arrest be prolonged until the sentence
comes into effect.
     On the side of the defense, the closing statement was given by the
following attorneys: Teki Boksi, Zonjic Dragan, Djordje Dozet, Mustafa
Radonjici, Novkovic Milorad, Lazarevic Oliver, Todorovic Dragoljub, Jelusic
Rajko, Tomovic Predrag, Antic Ivona, Stojakovic Tomislav, Cvetkovic Nikola,
Kuc Munever, Tanaskovic Krsta, Djokic Nebojsa, Sivert Mojica, Gajic Zarko,
Kosutic Dusan, Misic Marina, Misic Obrad, Vucinic Vladimir, Kamberi Ejub,
Lazic Miodrag, Tomic Slobodan and Cibulic Radoslav.
     "In dubio pro reo", a maxim used a number of times in the statements of
the defense, meaning: "In case of a doubt, the case should be tried to the
benefit of the accused". The reason for this lies in the fact that,
according to the defense, the evidence stated deny the charges, thus making
it delusive. Furthermore, it was pointed to the formal defects in the
pre-trial proceedings, the unreliability of the "paraffin glove" test for
gunpowder, in the formal and material sense, was emphasized, as well as the
fact that it does not have the weight of an evidence in the proceedings (it
is only a strong indication, but not a 100% indisputable evidence), and it
was said that the indictment was political and not legal.
     A chronological analysis of the state organ's actions and their failing
to act were performed by the defense, as well as of the Criminal Code
Procedures' violations; the defendants were for long denied contact with the
defense attorneys:

·  the defendants were arrested between May 7th-12th 1999
·  the police decisions on pre-trial confinements were delivered to them on
May 15th 1999 on the basis of Federal Government Regulation on
implementation of Criminal Code Procedures in the state of war giving the
authority to the police to set a pre-trial confinement of one month during
the state of war
·  on June 15th 1999 expired the one-month pre-trial confinement deadline
·  the above Federal Government Regulation was suspended on June 24th 1999,
so the maximum temporary arrest is now 72 hours.
·  on November 17th 1999, the first defendant was brought to a hearing by an
investigative judge; the deadline for establishing a pre-trial confinement
by the investigative judge is three days, but only
·  on December 23rd 1999, the first decision on pre-trial confinement was
made

There is a vacuum between June 15th (when the inquiry should have begun,
according to the Criminal Code Procedures) and December 12th 1999 (when it
actually began).
     It was asked what kind of terrorists were the ones who do not resist
arrest, and who immediately comply with the police's first request for an
informative inquiry. According to the defense, statements made by the
witnesses were contradictory, and the competency of a forensic expert,
Milutin Visnjic, questionable. The issue regarding the actual jurisdiction
of the court was, the defense stressed, disputable, because if these were
terrorists and if they killed members of the Ministry of the Interior (MUP)
and YA units, than the Court Martial had jurisdiction over this case.
     At the end of the statement, each of the attorneys moved for an
acquittal and the dismissal of temporary arrest for all accused.
     Closing statements were, at the end of the day, given by all the
defendants, affirming that they understood the statements of their defense
attorneys, and that they agree to such a defense.

The verdict will be announced on Monday, May 22nd 2000.

May 22nd - The verdict

On May 22nd 2000, the trial of the defendants constituting the so-called
"Djakovica group" was completed, which were charged with terrorism (article
125, punishable according to article 139, paragraph 3 of the Yugoslav
Criminal Code).
     The main hearing started on April 18th and ended on May 19th 2000. It
was held in the Nis District Court courthouse, with the approval of the
Serbian Supreme Court, due to technical conditions, and outside of the Pec
seat.
     The defendants and juvenile defendants were pronounced guilty for
organizing and carrying out of a number of terrorist attacks, as members of
a terrorist organization, the so-called KLA, on the members of the Serbian
Ministry of the Interior (MUP) and the Yugoslav Army units, in which three
people were killed, and ten severely or slightly wounded, in April and the
first half of May 1999, i.e. during a state of war, in the western part of
the town of Djakovica, usually referred to as "Cabrat". For this criminal
act, according to the relevant legal regulations of the Code of FR
Yugoslavia, a granted minimum sentence is at least 10 years, and a maximum
sentence could also be announced, i.e. 20 years.
     After the completed evidence procedures, the following 49 defendants:
Zeka Muhedin, Deliji Albert, Ragomi Bekim, Guti Mithat, Pruti Admir, Pepa
Idriz, Kosi Fahri, Grusti Maznum, Ferizi Ila, Pepaj Ila, Naka Avdurahman,
Ganamusa Spend, Deliji Ljuljzim, Kosi Aljban, Mulahasani Besfor, Zeki
Mithat, Sahacija Petrit, Baljata Driter, Skenderaj Tahir, Bakali Asim, Dusi
Visar, Nuras Keljzen, Gambi Batus, Gazmen Zubi, Dijamant Mandzuk, Ljubinot
Pulja, Deva Fatos, Rudi Fljorent, Fisnik Zaveli, Alija Gadriton, Mejzini
Besnik, Sunjaku Naser, Guta Imer, Zejnulah Perparim, Duraku Mend, Pulja
Adriatik, Ljota Bekim, Mici Dijamant, Morina Artan, Vulja Petrit, Hasici
Bujar, Dobruna Burin, Delija Emin, Staljoja Edmond, Zubi Fljorent, Bitici
Avni, Mati Endogand, Hasici Burin and Peroli Hivzi, were announced sentences
of 13 years of imprisonment.

Sentences of 12 years of imprisonment were announced to the following
defendants: Musa Bekim, Ljuta Iljir, Djara Jeton, Lama Rinor, Beciri Sabit,
Hoda Hisni, Pruti Aljeriz, Bitici Fatmir, Curaj Seljami, Zerka Esad,
Haljiljaj Hasan, Sada Gzim, Kosi Albert, Alijaga Burhan, Pulja Aron,
Radogosi Vaznim, Nrecaj Avdulj, Dzara Genc, Reznici Jeton, Pruti Fatmir,
Fehapi Nedzet, Hodza Spejtim, Hoda Agim, Mulahasari Bekim, Kpuska Petrit,
Brovina Sulejman, Hasi Artan, Brovina Jusuf, Hoda Faton, Ahama Esat, Ahmeti
Imri, Kosi Behar, Ukaj Mustafa, Kosi Adnan, Bazdaraj Feriz, Muhaderi Agim,
Pulja Dukadjin, Brovina Burim, Dusi Edmond, Juniku Hisen, Ahmeti Mustafa,
Kusari Ila, Efendija Perparim, Zubi Kastriot, Ljusi Fadil, Zubi Burim,
Baskim Mustafa, Guta Muhamet, Kajdoncaj Tahir, Taci Dzemajilj and Morina
Nazim.

To ten of the defendants, sentences of 10 years of imprisonment were
announced, and these are: Godeni Fljamur, Morina Samija, Morina Adem, Ahmeti
Aslan, Hadzibeciri Djamilj, Brovina Adnan, Delija Zoga, Varaku Nedzmedin,
Mustafaj Fak, Culjaku Nedzat, Caka Afrim, Voksi Adriatik, Tafasiku Fatmir,
Djerimi Ljuljzim, Luhani Ferat, Voksi Cefcet, Hasici Agim, Djiha Driton,
Taci Rifat and Ljama Agron.

Nine years of imprisonment was announced to the following: Hadzija Binak,
Tetrica Ardijan, Betici Jeton, Krujeziju Atlija, Ferizi Mehdija, Hana
Fljamur, Hoda Kresnik, Guta Halil, Jakupaj Petrit, Zubi Mirdzim and Dautaga
Fatos.

The following defendants were sentenced to 7 years of imprisonment: Krasnici
Fadilj, Buza Mithat, Kosi Armond, Gedza Gania, Djiha Skender, Hadzibeciri
Adnan, Kosi Abnor, Tahiri Elmi, Kastrati Ilber and Dulja Enver, as were the
two juveniles: K. V. and J. B., who were sentenced to juvenile prison.

    To all the defendants, a time spent in temporary confinement was
included in the sentence, starting from May 15th 1999, and the temporary
arrest was prolonged until the verdict comes into effect.
    The proceedings against the defendants: Isa Adjanjela and Ljuan Dzeko
were previously set aside, and thus they will be tried after the conclusion
of a psychiatric expert opinion.
    The President of the Council, Judge Goran Petronijevic, explained the
verdict to the defendants at the end of the proceedings. He stated that
during the state of war, they were expected to show loyalty, and not the
passivity which they expressed, that the results of the "paraffin glove"
test were valid, even though it has some formal defects, that
individualization was used in full in the pronouncing of the sentence, and
that it was proven without a doubt that, in the Cabrat residential area, a
large group of people carried out attacks on the police and YA units, and
the fact being known that Djakovica was shut off, this could not have been
terrorists brought "from outside". The judge added that there were defects
in the pre-trial proceedings and that the temporary arrest was not (legally)
covered in its whole duration, but that this was a mistake made by the
police, and not the court.

Belgrade, May 23rd 2000

Group 484
Volunteer Center for Direct Protection of Human Rights

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AMNESTY INTERNATIONAL
Rubber Stamp Justice

May 23, 2000

Federal Republic of Yugoslavia: "Rubber stamp" justice in Nis – 143 ethnic
Albanians sentenced to between seven and 13 years' jail.
     A bureaucrat's rubber stamp rather than a judge's gavel appears to have
been used to dispense justice in Nis,  Amnesty International said as 143
Kosovo Albanians were sentenced to between seven and 13 years' imprisonment
in a blatantly unfair trial.
     The organization called today for a retrial, and for a new examination
of the evidence.
     "The presumption of innocence of each of the accused was not
respected," Amnesty International said. The judge is reported to have told
the defendants that "it is impossible to determine your individual guilt,
but that is not necessary".
     The 143 men, one of whom was a minor at the time of his arrest, were
convicted of being members of the Kosovo Liberation Army (KLA), terrorism
and attacking Serbian police.
     Little attempt was made during the trial to establish individual guilt
on the part of the accused. The key prosecution evidence, a forensic report
whose scientific reliability is in question, simply lists the names of 155
men without detailing findings relating to any individual.
     The accuracy of the "paraffin glove" test for gunpowder, intended to
show whether the subject has handled arms, has been widely challenged by
forensic experts, and is known to produce a "positive" reading in
circumstances where materials other than gunpowder have been handled.
     At the trial itself expert witnesses confirmed that the test is not
wholly reliable and that the tests had been carried out in a "shortened
procedure". Doubts were also raised about the exact tests used and the
qualifications of those who had carried them out.
     Despite all these concerns the court accepted the results as evidence.
The judge is reported to have admitted that there may have been shortcomings
in the tests, but decided to accept them nonetheless, since they were
"conducted in wartime conditions".
     Although the indictment listed three separate attacks on police in the
Kosovo town of Djakovica (Gjakova) on 10 April, 7 and 9 May 1999, little
attempt was made at the trial to connect the accused with all or any one of
the attacks. Amnesty International is concerned that the right of the
accused to call witnesses in their defence may have been violated by the
court, which refused defence requests to introduce witness evidence from
members of the Yugoslav army who had been present in Djakovica. Those who
spoke in their own defence at the Nis trial denied being members of the KLA,
and pointed out that during the NATO bombing a heavy police and army
presence meant that they had little chance to move freely.

Background

     The men were among thousands arrested in Kosovo by Serbian police
during the attacks by the North Atlantic Treaty Organization (NATO) on the
Federal Republic of Yugoslavia. More than 2,000 Kosovo Albanians were moved
to prisons in Serbia at the end of the NATO attacks as the Serbian police
and the army withdrew. One thousand or more remain in prison, some still
awaiting trial. Between 2,000 and 3,000 Kosovo Albanians remain missing;
many have "disappeared" at the hands of the Serbian police or paramilitary
units.

Amnesty International
http://www.amnesty.org
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AGENCE FRANCE-PRESSE
UN man Kouchner to tour world on behalf of Albanian detainees

May 24, 2000

PRISTINA, Yugoslavia, May 24 (AFP) - Bernard Kouchner, United Nations
administrator in Kosovo, will tour the world on behalf of ethnic Albanian
Kosovars jailed in Serbia, his press service said Wednesday.
     The official, accompanied by representatives of families affected,
would also make enquiries concerning missing ethnic Albanians from Kosovo, a
statement said.
     Speaking in the Kosovo town of Djakovica to families of prisoners
sentenced in Serbia this week for terrorism, Kouchner said: "I will prepare
a large tour all over the world, mainly in Europe, with you people
representatives of Djakovica and associations of missing people and
detainees, to address the nations."
     Kouchner joined a chorus of international protest Tuesday over a
Serbian court sentencing 143 Kosovo Albanians to long jail terms on
terrorism charges.
     Describing the trial as a "farce," Kouchner said he could clearly see
the hand of Yugoslav President Slobodan Milosevic, who was seeking to
provoke trouble in Kosovo.
     "(Milosevic) clearly reveals his true aims," Kouchner said. "To fuel
the fire of hatred and division and to destroy the peace we've so
painstakingly secured."
     He appealed to ethnic Kosovars: "We want to humbly ask you not to react
to this provocation."
     The district court in the southern Serbian town of Nis on Monday jailed
143 Kosovo Albanians to terms of between seven and 13 years on terrorism
charges.
     The court handed down sentences totalling 1,632 years for what it said
was their part in attacks against government forces during the 1999 NATO air
strikes against Yugoslavia.

Story from AFP   Copyright 2000 by Agence France-Presse (via ClariNet)
http://www.clari.net/hot/wed/cq/Qyugo-kosovo-kouchner.RprM_AyO.html

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UNITED PRESS INTERNATIONAL
UNMIK official advises Albanians on court action

May 23, 2000
By LULZIM COTA

TIRANA, Albania, May 23 (UPI) -- Bernard Kouchner, head of the U.N. Mission
in Kosovo, advised the relatives of 143 Kosovo Albanians sentenced Monday by
a Serb court to create a 'Council of Families,' for those who have been
unfairly punished. He committed to help them to express their concerns to
the European Parliament and the other European capitals.
     He also warned them not fall into Slobodan Milosevic's "trap," the BBC
in Albania reported Tuesday.
     Kouchner, accompanied by Gen. Juan Ortuno, the KFOR commander, and
Hashim Thaci, a co-chair of Kosovo Administrative Council, visited the tense
town of Djakova, on Tuesday, a day after a Serb court in Nish sentenced 143
young Djakova citizens.
     Last night Thaci warned if Kouchner did not visit Djakova and meet with
the prisoners' relatives he would leave the Kosovo Administrative Council.
     "Serbia is a fascist island in the Balkans, which is counting the last
days so we can challenge this regime only by a civilized behavior," Kouchner
told a crowd of thousands who gathered to hear his proposal. Kouchner told
the angry crowd he had talked with U.N. Security Council officials and
several Western governments to put in their agenda the release of Kosovo
Albanian pledges from Serbia's prisons.
     Djakova citizens accepted Kouchner's proposal for creating a 'Council
of Families,' hailing and greeting him while a day before they were very
angry with Kouchner and their leaders, who had not solved this problem
nearly a year after the end of conflict. The Kumanovo agreement, which
allowed the Serb army to withdraw from Kosovo and NATO entrance, has not
foreseen any articles for Kosovo Albanian prisoners' release from Serbia's
prisons.
     The release of Kosovo Albanians from Serbia's prisons could increase
tensions, banning the return of Serb refugees in their homes in Kosovo.
     "We remind to all of those, who are trying to return Serb refugees in
Kosovo, that every thing must start from the return of Albanian prisoners
from Serbia's prisons," said Ramush Hajredinaj, leader of Center Alliance
Party, an ex-KLA leader and former deputy commander of the Kosovo Protection
Force.

Story from UPI / LULZIM COTA
Copyright 2000 by United Press International (via ClariNet)
http://www.clari.net/hot/wed/an/Ukosovo-kouchner.RR0F_AyO.html

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ASSOCIATED PRESS
Protest of Serb Court's Conviction

May 23, 2000

KOSOVSKA MITROVICA, Yugoslavia (AP) -- Hundreds rallied Tuesday to protest
the conviction of 143 Kosovo Albanians on terrorism charges leveled by
Yugoslav President Slobodan Milosevic's government.
     The protest in the ethnically divided city of Kosovska Mitrovica
followed a Serbian court's ruling Monday that the group took part in attacks
by ethnic Albanian rebels against the Serb police and army during NATO's
bombing of Yugoslavia last year.
     The 143 ethnic Albanians convicted in what was Serbia's largest mass
trial ever received prison terms ranging from seven to 13 years.
     Tuesday's demonstrators staged a sit-in that clogged the main roads
into Kosovska Mitrovica, which is separated into a predominantly Serb north
and ethnic Albanian south by the Ibar River.
     The protesters held up photographs of others believed to be in custody
in Serbia, and insisted there would never be peace in Kosovo until the
prisoners were released.
     Hundreds of ethnic Albanians arrested in Kosovo were transferred to the
dominant Yugoslav province, Serbia, before NATO bombs forced Yugoslav forces
to withdraw.
     Kosovo is now controlled by U.N. administrators and international
peacekeepers.
     Russian peacekeepers scuffled with a former Kosovo rebel commander
Tuesday after stopping him at a checkpoint in Lozica, about 30 miles from
Pristina, said German Lt. Col. Bernhard Meier, a spokesman for the NATO-led
contingent.
     The peacekeepers detained Ramush Hajredinaj, a former regional
commander with the Kosovo Liberation Army, after finding two weapons in his
car without the proper paperwork, Meier said. NATO said he had attempted to
flee, and that the peacekeepers and military police ``subdued him.'' He was
injured slightly, treated and flown to NATO headquarters in Pristina.
     Hajredinaj is considered an up-and-coming political leader in Kosovo,
and recently formed his own party, the Alliance for the Future of Kosovo. He
also has been organizing grass-roots support ahead of municipal elections
planned for fall.
     Meanwhile, a fire broke out Tuesday afternoon in a dormitory housing
refugees and ethnic Albanians displaced by the war, gutting the building but
causing no injuries. It was unclear what caused the fire at the complex,
located in the eastern Kosovo city of Gnjilane, said Station Commander
Robert Ruckman of the U.N. police.

Story from AP / DANICA KIRKA, Associated Press Writer
Copyright 2000 by The Associated Press (viaClariNet)
http://www.clari.net/hot/wed/bs/Akosovo-protest.R3Mq_AyN.html

==========================================

AGENCE FRANCE-PRESSE
Condemnation grows over Serb convictions of Kosovo Albanians

May 23, 2000

PRISTINA, Yugoslavia, May 23 (AFP) - Bernard Kouchner, the UN administrator
in Kosovo, on Tuesday joined a chorus of international protest over a
Serbian court's sentencing of 143 Kosovo Albanians to long jail terms on
terrorism charges.
     Describing the trial as a "farce," Kouchner said he could clearly see
the hand of Yugoslav President Slobodan Milosevic, who was seeking to
provoke trouble in Kosovo.
     "Several times we have asked Belgrade authorities to give us the
possibility to get back all those detained and to have fair, international,
open and transparent trials in Kosovo," he added.
     The district court in the southern Serbian town of Nis on Monday jailed
143 Kosovo Albanians to terms of between seven and 13 years on terrorism
charges after what defence lawyers denounced as a "political" trial.
     The court handed down sentences totalling 1,632 years for what it said
was their part in attacks against government forces during the 1999 NATO air
strikes against Yugoslavia.
     Judge Goran Petronijevic said forensic tests taken by the police upon
the arrest of the group last May were "crucial" to the verdict, although he
added: "Individual guilt was impossible to establish."
     But Kouchner said the concept of collective guilt was indefensible.
     "Some people were brave, some people were not. Some were guilty, some
were not. There is no collectivity on one side or the other."
     Human rights group Amnesty International also condemned the judge's
comments in a statement issued Tuesday.
     "The presumption of innocence of each of the accused was not
respected," said Amnesty.
     "Little attempt was made during the trial to establish individual guilt
on the part of the accused," the statement continued.
     "The key prosecution evidence, a forensic report whose scientific
reliability is in question, simply lists the names of 155 men without
detailing findings relating to any individual."
     Also Tuesday, the European Union's high representative for security and
foreign policy Javier Solana expressed his deep shock at the sentences.
     "This is a new sign of the total scorn of the regime for the basic
principles of modern democracy," Solana said in a statement.
     "This decision will not help to reduce tension in Kosovo, where the
question of those who have disappeared or are under detention continues to
pose a major obstacle to reconciliation and creation of a climate of
tolerance and security," he added.
     British Foreign Secretary Robin Cook denounced the verdicts late
Monday. "This is yet another sign of the desperation of the Milosevic
regime, which is prepared to go to any lengths to repress dissident voices."
     About 3,000 Kosovar Albanians protested against the verdicts Monday by
marching through the streets of Djakovica, southwest Kosovo, the defendants'
home town.
     The convicted men were among more than 2,000 Kosovar Albanians
transferred to Serbian prisons as Belgrade's forces withdrew from the
province last June.
     Serbian Justice Minister Dragoljub Jankovic said last month that 979
prisoners brought from Kosovo were still being held in Serbian prisons, all
but 15 or 20 of them ethnic Albanians. About 500 have been released so far.

Story from AFP  Copyright 2000 by Agence France-Presse (via ClariNet)
http://www.clari.net/hot/wed/bj/Qyugo-kosovo-trial.RxE2_AyN.html


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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

Very useful statistics and update from ICRC on missing persons from Kosova
can be found at:
http://www.reliefweb.int/w/rwb.nsf/480fa8736b88bbc3c12564f6004c8ad5/60c532db
df49f6878525688f006f80d4?OpenDocument

Archives of the A-PAL Newsletters may be found at:
http://www.khao.org/appkosova.htm

Albanian Prisoner Advocacy List -- Prisoner Pals Newsletter
SPECIAL REPORT, No. 2