[A-PAL] urgent--new A-PAL!!!

[Alice Mead]

OCTOBER 18, 2000
A-PAL NEWSLETTER

                                              A-PAL STATEMENT
       878 REMAIN IN PRISONS-- PLEASE CONTINUE TO SPEAK OUT FOR THEIR
RELEASE----NOTE THE POSSIBLE RELEASE OF DR. FLORA BROVINA WITHIN 48 HOURS.
NOTE FROM B92 DRAFTING OF AMNESTY LEGISLATION!

_________________________________

# FreeB92  Last update: Oct 18, 2000 21:48 CET

Amnesty legislation to be introduced

21:32 BELGRADE, Wednesday - Yugoslav President Vojislav Kostunica and
the Yugoslav Committee of Human Rights Lawyers yesterday agreed to form
an expert team to draft amnesty legislation as soon as possible.
     The team will be headed by Dr Stevan Lilic of the Belgrade
University Faculty of Law. Lilic said that the legislation would relate
to military crimes such as draft avoidance and desertion as well as to
political prisoners.


Circumstances have been changing very quickly in FYR since the September
elections. But so far, not for the status of the Albanian prisoners in Serb
prisons, despite repeated demands for their release from numerous human
rights organizations, OSCE, Kosovar leaders on all sides, the new UN envoy
to the Balkans, and James O'Brien of the US State Department. President
Kostunica now cites governmental uncertainty and restructuring as the
problem with their releaseŠ.It is our hope that this amnesty legislation
will create the language and process that will result in the release of all
Albanian political prisoners as soon as possible. Please voice your support
of this newest development.

                              Email Campaign: Europe______________
Beginning next week, we hope to work with several friends in Germany who
have set up a site to begin another urgent email campaign to European
leaders, who are failing to provide leadership and insisting on lawfulness
in Serbia beginning with the release of the Albanians. We are not, at this
time, focussing on the missing of both sides.
_____________________________________________________
***Please note: The new LCHR/NY and HLC: Advocacy Guide --a fifty page guide
for lawyers to address the grievous violations suffered by the Albanians
during their detentions and trials. A description is given in the media
advisory below.**************


___________________________________________________________




LAWYERS COMMITTEE URGES PRESIDENT KOSTUNICA TO ADDRESS FATE OF  KOSOVAR
ALBANIAN PRISONERS DETAINED IN SERBIA
The  Delay of Dr. Brovina¹s New Trial Demonstrates Urgency of the Matter

New York, October 17, 2000 ­ The Lawyers Committee for Human Rights
responded today to news that the Serbian district court of Nis recently
postponed the new trial of human rights activist Dr. Flora Brovina until
November 16th.  Dr. Brovina, a pediatrician and poet, is one of several
thousand Kosovar Albanians arrested on charges of terrorism during the NATO
air campaign and then transferred to Serb jails after the bombing ceased in
June 1999.  The court¹s delay means that Dr. Brovina, whose health has
suffered, continues to remain in jail despite serious questions as to the
basis for her detention.

"The excitement over democratic change in Yugoslavia should not obscure the
plight of these men and women _ wrongly imprisoned, abused in detention, and
now subject to trials that fail the most basic tests of fairness," stated
Robert O. Varenik, Director of Protection at the Lawyers Committee.  A new
Advocates¹ Guide: Rights Violations in the Criminal Prosecution of Kosovar
Albanians in Serbia, released today in Serbo-Croatian by the Lawyers
Committee, details allegations that the prosecutions are rife with
violations of the prisoners¹ rights.  The Advocates¹ Guide will be used by
lawyers in Serbia who take up the defense of Kosovar Albanians by offering
legal analysis of international law to support national legal claims.  The
Belgrade based Humanitarian Law Center will distribute the Advocates¹ Guide
to local defense lawyers working on these cases.

Six hundred and seventy Kosovar Albanians have already been convicted and
the majority are imprisoned for crimes ranging from hostile activity against
the state to terrorism.  Nearly 200 more still await trial or the appeal of
their convictions.  Fourteen, including two minors, remain jailed without
formal charges.  Noting President Kostunica¹s pledge in his first week of
office to "take politics out of the courtroom," the Lawyers Committee calls
upon President Kostunica to ensure speedy and independent review of these
cases, and prompt release of prisoners wrongly tried and convicted.  "This
is one of the first steps President Kostunica can take to regain public
confidence in his promise to re-establish the rule of law," explained Mr.
Varenik.

After Dr. Brovina was convicted in December 1999 on charges of terrorism,
her case drew international attention because of obvious irregularities and
the widespread impression that the government intended to silence one of
Kosovo¹s best-known advocates.   Independent observers at her criminal trial
reported that the prosecution lacked reliable evidence to support the
charges, and relied instead on a confession coerced after more than 200
hours of interrogation.   In June, the Lawyers Committee joined seven other
human rights groups, including PEN and Physicians for Human Rights, to urge
that the charges against Dr. Brovina be dropped.

For copy of the Advocates¹ Guide or for more information about Dr. Brovina¹s
case, visit: http://www.lchr.org/feature/kosovo/kosovofeature.htm.

--------------------------------------------------



FreeB92  Last update: Oct 18, 2000 19:28 CET

Brovina free within 48 hours: Writers' association

19:13 BELGRADE, Wednesday - Jailed Albanian poet Flora Brovina is to be
released from custody within the next 48 hours, the president of the
Serbian PEN Centre, Predrag Palavestra, said today quoting "reliable
sources". The Serbian and International PEN centres have lobbied
Yugoslav President Vojislav Kostunica for the release of the Brovina who
was jailed last year on charges of having conspired for terrorists
activities.
______________________________

Dear, A-Pal
I am 19, student from Ottawa, with Kosovo background. Your letters that you
send to us are very important and I give my time reading them and sametime
thinking about those that are spending time in Serbia prisons without any
reason. When this political movements took place in "Yugoslavia", I was
hoping that new era was coming together with that and the hopes for
albanians prisoners would become true..... but nothing for them. As you
people said, the freedom for two canadians, british and dutch prisoner has
already came. But what about albanians??!! This is called DISCRIMINATION and
TERROR against one ethnic group.
Thank you for wonderful work of informing people about what is happening
outthere in Balkans.
One more time Thank You.
Sincerely,
Blerim
___________________________________________
Betreff: FreeB92 News for Sunday, October 15, 2000
Datum: Sun, 15 Oct 2000 20:05:10 +0200
Von: FreeB92 News <freeb92-e at opennet.org>

Demand for release of all political prisoners

BELGRADE, Sunday - The Social Democratic Union today called on all
elected and transitional government organs in Serbia and Yugoslavia to
immediately release all political prisoners in the country, Beta
reports. A party statement issued today demanded the release of all
those, particularly Kosovo Albanians, for whom criminal charges could
not be proved. The statement said that such a gesture would provide
grounds for dialogue with legitimate Albanian representatives from
Kosovo at the same time imposing the moral obligation for them to start
similar procedures regarding missing Serbs and other nationalities from
Kosov
________________________________________________________

October 18, 2000
Dear A-PAL:
I do not understand why all Albanian prisoners being held in the Serbian
prisons have not already been released by the newly elected President
Kostunica.  It is
unethical, inhumane, and barbaric for them to still be held captive.  If
this president wants to have the world view Yugoslavia differently, then he
needs to first make the effort to correct all wrongs that have been dealt,
starting with all people being held captive.
Thank you. Trish Porter

__________________
OCTOBER 18, 2000
Von: "Fr. Sava" <decani at eunet.yu>
Rückantwort: kosovo-owner at egroups.com
Firma: Serbian Orthodox Diocese of Raska and Prizren

APPEAL OF BISHOP ARTEMIJE FOR RESOLUTION OF THE ISSUE OF IMPRISONED,
MISSING AND KIDNAPPED PERSONS FROM KOSOVO AND METOHIJA

Gracanica, October 16, 2000

One of the most sensitive issues which is equally difficult for all the
national communities in Kosovo and Metohija and which is seriously
slowing down political dialog and the establishment of mutual
multiethnic confidence is the unresolved issue of imprisoned, missing
and kidnapped persons from all communities.
     Our Church and the Serb National Council (SNC) for several months
have been making active efforts to resolve this issue on both sides but
there has been no understanding from either the former state organs in
Belgrade or from Albanian political leaders. Therefore, with the goal of
reducing interethnic tensions and creating realistic preconditions for
serious and effective political dialog, as the responsible
representative of the Serbian Orthodox Church in the area of the Diocese
of Raska and Prizren which was entrusted to me and as the president of
the Serb National Council, I believe that the victory of democratic
forces in Serbia and the arrival of Mr. Vojislav Kostunica as head of
FRY has created the right conditions for the resolution of this issue in
a just and generally acceptable manner.
     I would like to take this opportunity to issue a PUBLIC APPEAL to
responsible democratic representatives of FRY, Albanian political
organizations and associations, as well as representatives of the UN
mission in Kosovo, asking the following:

1. That the state authorities objectively examine all cases of Albanian
prisoners as soon as possible and turn over to UNMIK all Albanian
prisoners who are currently being held in prisons on the territory of
the Republic of Serbia and against whom there is no objective evidence
that they have carried out concrete criminal acts. State authorities
should also make available all existing information to shed light on the
fate of Albanians in Kosovo and Metohija who are still listed as missing
and whose fate is unknown.

2. That representatives of Albanian political parties and associations
submit to the international UN mission all available information
regarding all missing and kidnapped Serbs, Roma, Bosniacs as well as all
other persons missing in Kosovo and Metohija either during the war or
during the post-war period as soon as possible, in order to explain
their fate and to make their families aware of the truth regarding their
beloved ones. If these kidnapped and missing persons are still alive, we
ask for their immediate release.

3. That UNMIK, which bears the legal and moral reponsibility for the
territory under its jurisdiction in accordance to Resolution 1244 for
the length of its mandate in Kosovo and Metohija, shed light on the fate
of all missing persons as soon as possible and prevent further
violations of human rights.

This process assumes the willingness of both sides to cooperate on the
basis of fundamental principles of respect for human rights and
universal rights of man according to which no person can be deprived of
his freedom and kept under humiliating life conditions without a court
sentence of guilt by legal and independent judicial organs.
     In the name of God who created every man as a free and dignified
being and gave him the right to life, I appeal for as rapid as possible
a resolution of this important issue. The Serbian Orthodox Diocese of
Raska and Prizren and the SNC of Kosovo and Metohija on their part are
prepared as always to offer their active contribution in this process.

THE BISHOP OF RASKA AND PRIZREN
+ARTEMIJE


_______________________________________________________________________
Betreff:  [balkanhr] IHF/GHM INTERVENTION AT THE OSCE MEETING ON RULE OF
LAW
Datum: Tue, 17 Oct 2000 23:05:35 +0200
Von: Greek Helsinki Monitor <office at greekhelsinki.gr>
Rückantwort: balkanhr-owner at egroups.com

IHF INTERVENTION ON RULE OF LAW

(SESSION 2, 18 OCTOBER 2000)

[ENDORSED ALSO AND PRESENTED AT THE OSCE MEETING BY GREEK HELSINKI
MONITOR]

------------------------------------------

The importance of an independent judiciary is well recognized in the
OSCE. Nevertheless the threat to democratic reform posed by those in
power in a number of states has seen the judiciary face significant
pressure to bow to political control.
     In Serbia the provisions of article 95 and 96 of the Serbian
constitution guaranteeing that "courts of law are independent in their
work and they rule in accordance with the constitution" are empty words.
Senior judges who founded the independent Association of Judges of
Serbia were dismissed from their posts in December 1999 by a decision of
the Serbian Assembly, a move that heralded a large-scale purge of judges
seen as critical of the Belgrade regime. As the Association of Judges
had ceased to exist, judges could not even issue a joint communique
condemning such developments. Yet on 17 June, 13 judges from different
courts wrote an open letter expressing their outrage and concern that
the regime was purging experienced and professional colleagues and
replacing them with young and politically compliant jurists. One month
later, on 12 July, all 13 judges who had written to protest were
themselves dismissed by the Serbian Assembly.
     Article 125 of the FRY penal code, on the criminal offence of
terrorism, states: "Anybody who causes an explosion or fire, or commits
any other generally dangerous action or act of violence creating
insecurity among citizens, with the intention to threaten the
constitutional order or safety of Yugoslavia shall be punished by term
of imprisonment of minimum three years in prison. This article is used
against representatives of the independent media, opposition parties,
Otpor, NGO members and others proclaimed by the regime to be
"terrorists", having never committed any act which could correspond to
the legal or general definition of terrorism.
     In April 2000, 144 ethnic Albanians faced a summary trial - the
largest of its kind in the history of Serbia - in the District Court of
Nis in southern Serbia. At the end of April they were sentenced to long
prison terms totaling 1,632 years of imprisonment for alleged organized
hostile activity against the state.
· Among the ethnic Albanians held in Serbian prisons are several
prominent individuals, including Flora Brovina (48), head of the Women's
Association of the LDK, doctor, poet, and human rights activist, who was
arrested on 21 April 1999 by Serbian special police in Prishtina.
Brovina was at some point thereafter taken to a prison in Pozarevac,
Serbia and following a trial, Brovina was sentenced on 6 December 1999
to 12 years' imprisonment. According to reports in August 2000, her son
claimed she had become partially paralyzed as a result of her treatment
in detention. The Supreme Court of Serbia is expected to review her case
soon.
· Albin Kurti, head of the student union of Prishtina University, former
spokesman of Adem Demaci, and pre-war leading political representative
of the Kosovo Liberation Army (UKC), was arrested in May 1999 by Serbian
security forces and taken to prison in Serbia. He was subjected to a
show trial in March 2000 and sentenced to 14 years in prison.  With the
newly elected Yugoslav president Vojislav Kostunica, known as a person
with deep respect for the rule of law, hopes for an improvement have
risen. But it has to be noted, that at the moment the Federal Republic
of Yugoslavia is virtually non-existent with the real power centre
remaining on the level of Serbia. As to Albanian prisoners in Serbia,
the Federal President can grant abolition on a case-by-case basis.
     In Kosovo, more than one year after the war, one of the major
hurdles to establishing the rule of law and providing of security and
stability for all its inhabitants irrespective of their ethnic or other
origins, remains the delay in (re)establishing a functioning judicial
and legal system along with efficient and robust law enforcement
agencies. The deficiencies in the post-war developments have most
gravely affected the Serb and Roma minorities, but Albanians as well.
The re-establishment of a functioning system has been hindered by the
lack of an efficient international police force especially in the
immediate post-war period but also today. Gradual, visible improvements
take place but suffer from insufficient dynamics. The absence of a
functioning law enforcement agency has left even judges and legal
officials vulnerable to intimidation in a climate of general insecurity.
Other difficulties include the partial destruction of court premises and
absence of basic equipment. However, since spring 2000, there has been
positive developments towards a functioning judicial and more efficient
law enforcement system in Kosovo.
     By mid-August 2000, UNMIK had appointed 405 local judges as well as
over 700 judicial personnel and other support staff. Setting up a
multi-ethnic judicial system has however proved difficult, with few
Serbs among those accepting these appointments and being employed. A
major difficulty in getting the judicial system functioning in Kosovo
has also been the slow appointment and dispatching of international
judges, as approved earlier by international authorities, in order to
guarantee unbiased handing of ethnically related cases.
     The Kosovo Helsinki Committee notes that a well-functioning, robust
and vigorous law enforcement and judicial system in Kosovo should be
accorded the highest priority by Kosovo's administrators along with law
enforcement, to provide for the application of the rule of law and
provide security for all its citizens.
_______________________________________________________
KEEP UP THE PRESSURE. THE ONE THING THAT KEEPS THE PRISONERS' MORALE UP IS
TO KNOW THEY ARE NOT FORGOTTEN. DON'T LET THEM SPEND ANOTHER WINTER IN THE
APPALLING CONDITIONS THEY HAVE BEEN SUBJECTED TO. THEY ARE COLD AND HUNGRY.
-------------- next part --------------
HTML attachment scrubbed and removed