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List: A-PAL[A-PAL] Newsletter 4/6/01Shukrie Rexha shukrie_rexha at hotmail.comFri Apr 6 05:25:39 EDT 2001
Albanian Prisoner Advocacy League (A-PAL)
Platform
April 6, 2001
A-PAL is dedicated to the human rights and freedoms of all persons,
advocating for the release of Albanian prisoners through peaceful democratic
means. We welcome the recent release of Albanian prisoners under the amnesty
law and wait for an open, international review of the remaining 250 cases.
Our actions are in accordance with the UN Resolution 1244 of June 10, 1999
and the judicial process set out in the interim peace agreement drawn up in
the Rambouillet Accord in 1999.
We find the ongoing detention of Albanian prisoners, arrested by the
Milosevic regime during the 1998-1999 hostilities, to be subjected to
multiple violation of these laws and principles nearly two years after
these agreements and resolutions were enacted.
>From the Interim Peace Agreement/Rambouillet
I. Basic Principles
1. All citizens of Kosova shall enjoy without discrimination equal rights
and freedoms
2. All authorities in Kosova shall respect human rights
3. Kosova citizens shall have the right to judicial institutions established
in this accord
5. Every person in Kosova shall have access to international institutions
for the protection of their rights in accordance with these procedures.
Comment: These 250 remaining prisoners were arrested under military law and
held with 30 day warrants which expired on June 30, 1999. Most were detained
unlawfully for over one year, tortured extensively, and forced to give false
confessions. They faced highly irregular trials, many times in groups,
before Serb judges, some of whom were the very ones who had supervised their
torture and the attempted massacre in Kosova. In most cases there was no
evidence at all except a forced confession. These numerous violations have
been documented the Humanitarian Law Center in Belgrade, Human Rights Watch,
and the Lawyers Committee for Human Rights in New York.
II. Confidence Building
8. Martial law shall not be declared in Kosova.
10. All abducted persons or those held without charges especially in
connection with the conflict shall be released
12. Each side shall not prosecute anyone for crimes related to the conflict
in Kosova unless it is a serious violation of humanitarian law.
A general amnesty shall be granted for all persons convicted of a
politically motivated crime related to the conflict in Kosova
III. Judicial Process
4. The defendant is entitled to have his trial transferred to a Kosova court
that he designates. At least one judicial member will be of the defendants
nationality.
VI. Human Rights and Freedoms
1. All authorities shall ensure the internationally recognized human rights
and freedoms, as set forth in this accord and in European conventions.
2. National members have additional rights to preserve their national,
cultural, and linguistic identity.
Comment: One woman prisoner has been held for eight years before sentencing.
She has now been in prison for 14 years and comes from a poor family. She
does not receive packages and has been mistreated repeatedly by other
prisoners and guards. She is still held in Pozharevac Prison on criminal
charges.
XII. Prisoner Release
1. All parties shall release and transfer in accordance with international
standards all those held in connection with the conflict.
UN RESOLUTION 1244, JUNE 10, 1999
Bearing in mind the Charter of the UN, guided by the Universal Declaration
of Human Rights and the Geneva Convention of 1949 and the Protocols of 1977
Promoting the human rights and meaningful self-government in Kosova, a
return home of all those displaced by the conflict, ensuring a peaceful life
for all citizens of Kosova in full accordance with the Rambouillet Accords
and the political structures that it sets forth.
(For detailed information on a partial list of human rights violations that
the prisoners have suffered, please see the web site of Lawyers Committee
for Human Rights at www.lchr.org) The prisoners advocacy guide is in Serb,
Albanian, and English.
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