[A-PAL] newsletter/ march 7, 2001

[Alice Mead]

A-PAL NEWSLETTER
MARCH 7, 2001


QUOTES:
Prishtina ICRC: 20 released today. This afternoon as they were holding their
relatives in their arms the released detainees were crying and still not
sure that they were free : " Are we really going back to our homes, the
homes we left so long ago...?"

Yugoslav Justice Minister, Momcilo Grubac: "I have submitted a draft 
document to Yugoslav President Vojislav Kostunica,
proposing the release of 140 ethnic Albanian inmates held in our prisons
without any actually valid legal grounds. Namely, they were charged with
terrorism in 1999 in Kosovo and Metohija, but no evidence was presented
at their trial, investigators did not prove anything, and court process
abounded in all sorts of irregularities... The actual terrorists managed
to escape, and innocent people were apprehended and sent to prison
instead. President Kostunica will decide whether this group of ethnic
Albanian inmates will be set free," Yugoslav Justice Minister Momcilo
Grubac told the federal Parliament.
     The Parliamentary Assembly of the Council of Europe set the release
of ethnic Albanian prisoners as a condition for admitting Yugoslavia.
Prior to the recent visit of International Criminal Tribunal for the
Former Yugoslavia Chief Prosecutor Carla del Ponte to Belgrade, and her
request that Milosevic and other indictees be extradited, this was the
West's main demand. Last autumn, President Kos tunica decided to release
ethnic Albanian poetess Flora Brovina, who was serving a 12-year
sentence for terrorism.

       ********************************************************
                                A-PAL STATEMENT
March 7, 2001 is the first time since the pardon of Flora Brovina 
that justice has arrived for 20 Albanian former prisoners and their 
families. We hope that this date marks a turning point for these 
wrongly imprisoned individuals and that they will soon be home where 
they belong. These twenty people who were released today owe their 
freedom to the tireless efforts of thousands of people---who  have 
demonstrated, written letters, staged demonstrations, signed 
petitions and pressed international agencies, governments, and the 
Yugoslav ministry of justice for their release.
Unfortunately, the amnesty law that released thousands has yet to 
release all the Albanians wrongly detained. SO WE MUST KEEP UP OUR 
EFFORTS. WE MUST NOT LET ONE PERSON REMAIN IN THESE UNJUST AND 
INHUMANE CIRCUMSTANCES. They are counting on you.
*******************************************************
A-PAL wants to thank everyone who has helped in this international 
effort: Natasa Kandic, Sonja Biserko, Grupa 484, PEN, UNHCHR, ICRC, 
Shukrie Rexha, the APP Board of Directors, Human Rights Watch, CDHRF, 
the Dubrava Hunger Strikers, the Gjakova Mothers of Prisoners, 
Lawyers Committee for Human Rights/NY, Marko Maglich, Kofi Annan, 
Ilir Dugolli,  Amnesty International, CSCE Committee in DC, Juri 
Dinstbir, Barbara Davis, Patrick Gavigan, Eliot Engel, Robert Hand, 
Nina Bang-Jensen, Suzy Blaustein, Albert Cevallos, Divi Bieneke, 
Wolfgang Plarre, Valerie Hughes, Bart Staes, Arie Oostlander, Olivier 
Dupuis, Emma Bonino, Doris Pack, Marie Teresa Moran, Javier Solana, 
Robin Cook, Madeleine Albright, Trish Porter, Mentor Cana, NAACDC, 
Isuf Hajrizi, Naida Dukaj, Teki Bokshi, Miroslav Hristodulo, Paul 
Miller, Paddy Ashdown, Kosova Sweden Union, Dan Perez, Laura Rozen, 
Glen Ruga, Jelena Santic, Jovana Krstic, Kathy Ward, Peter Walsh, 
Vittoria Romano, Julie Winn, Patrick Gavigan, John Menzies, Jane 
Stevenson, Alma Rosa Mendoza, Bernie Sullivan, Yugoslav Lawyers 
Committee for Human Rights, Momcilo Grubac, Flora Brovina. We also 
wish to thank A-PAL friends scattered far and wide--in Malaysia, 
Mexico. Bangladesh, Canada, Sweden, Switzerland, France, Belgium, 
Ireland, England, Germany, Australia, Israel, Bosnia, Italy, Austria 
and elsewhere, as well as the thousands of family members who waited 
and continue to wait--peacefully and without violence-for justice to 
reach their loved ones. May this be over soon.

**************************************************

ICRC NEWSBRIEF
Pristina, 07.03.2001

First group of 20 persons released today following the Amnesty Law.

Why are all these cars flashing their lights and people waving on the road
? There is a huge crowd waiting in the street ! Why are all these cameras
here ?
The detainees who were released today were surprised and moved by the
welcome they received after being released by the authorities in Serbia.
They could not stop the tears in their eyes as they saw hundreds of family
members anxiously expecting them and suddenly running to the ICRC cars
"here he is, here he is !".
A first group of 5 arrived at Merdare border around 13.30 coming from
Leskovac, Zrenjanin, Nis and Subotica. A second group of 20 arrived 15 mn
later from Zajecar prison. These 20 persons are the first detainees
released following the Federal Amnesty Law. After being voted on Tuesday
27.02 and published on Friday 2.03, the law has started to be implemented
and the cases are being reviewed by courts and judges in Serbia. The ICRC
organised the transfer of this first group back to Kosovo and reunited them
with their families in Pristina. Among the 25 released today 10 persons
come from Gjakova/Djakovica, 7 from Pristina, 2 from Prizren, 5 from
Mitrovica, 1 from Peja/Pec. During the following weeks, in the course of
the implementation of the Amnesty Law, the ICRC will continue to assist
releases as it has done since June 1999. When the ICRC knows of a release
it immediately informs the close family and organises the transfer back to
Kosovo. So far 1281 detainees have been transferred by the ICRC and
reunited  with their family. This afternoon as they were holding their
relatives in their arms the released detainees were crying and still not
sure that they were free : " Are we really going back to our homes, the
homes we left so long ago...?"


Further info contact Caroline Douilliez, Vjosa Osmani,  ICRC Mission, 044
115 036, 038 501 517 - 501 518 - 501 519

Date: Wed, 07 Mar 2001 19:11:29 -0800
From: humanitarian law center <office at hlc.org.yu>
X-Accept-Language: en

           REPORT ON THE APPLICATION OF THE AMNESTY LAW

The Serbian Ministry of Justice has announced that there are 629 
ethnic Albanian prisoners and detainees in Serbia.  The Federal 
Minister of Justice gave the figure as 570, whereas the International 
Committee of the Red Cross (ICRC) puts the number at around 640. 
Speaking of the recently enacted Amnesty Law, Federal Justice 
Minister Momcilo Grubac said 108 Albanians fall into the category of 
those who would be amnestied.  According to the Serbian Ministry of 
Justice, 171 Albanians have been convicted of seditious conspiracy or 
armed rebellion, which indicates that the number of those who will be 
amnestied will be higher.  Pursuant to the procedure, they are to be 
released by 7 March this year at the latest.
According to data gathered by the Humanitarian Law Center (HLC) in 
the course of visits to prisons, 626 ethnic Albanians are being held 
in Serbia.  Of these, 217, most of whom have been sentenced to prison 
terms of two to three years for seditious conspiracy and one for 
armed rebellion, will be included in the general amnesty, while 250, 
who have either been convicted of acts of terrorism or against whom 
proceedings on such charges are still under way, will not.  The 
Amnesty Law does not cover 139 Albanians sentenced for ordinary 
crimes and 19 found guilty of illegal possession of firearms, 
espionage, incitement of religious and ethnic hate, and of 
infiltrating armed groups, weapons and ammunition into FR Yugoslavia 
territory.
Two hundred and three Albanians, including the 143-member “Djakovica 
Group,” are awaiting the outcome of their appeals to the Serbian 
Supreme Court.  The Supreme Court has ordered retrials for five 
Albanians, while eight have been waiting for first-instance decisions 
since February 1999.
The HLC has in the meantime filed appeals for the pardoning of 42 
convicted Albanians, release on parole of 12, reduction of the 
sentences of two, and release on humanitarian grounds of nine 
Albanians who were injured while serving sentences at the Dubrava 
Penitentiary in Kosovo.
The HLC considers that the Yugoslav authorities have without valid 
reason denied amnesty to 250 Albanians who have been convicted of or 
against whom proceedings are under way on charges of terrorism, 
espionage, illegal possession of firearms, incitement of religious 
and ethnic hate, and infiltration of armed groups, weapons and 
ammunition.
The HLC recommends that the miscarriages of justice and the defects 
of the Amnesty Law be rectified by scheduling an early session of the 
Serbian Supreme Court at which it would consider the appeals of the 
Djakovica Group on the basis of the evidence, individual pardons by 
President Vojislav Kostunica in accordance with his constitutional 
power, reduction of sentences, paroles and release of prisoners on 
humanitarian grounds.
De facto situation
1. There are 160 Albanians in the Belgrade District Prison, of whom 
73 have been convicted of hostile activities under Article 136 of the 
Yugoslav Criminal Code and will be amnestied in accordance with the 
new Law. Thirty-five have been sentenced for acts of terrorism, three 
for illegal possession of firearms, four for infiltrating into 
Yugoslavia armed groups, weapons and ammunition (Article 132 of the 
Criminal Code); and 45 of ordinary crimes, and none of them come 
under the general amnesty.  These prisoners include the “Urosevac 
Group” whose members were found guilty of terrorism by the District 
Court in Pristina in January 1999.  The decision in their case has 
not become final as the trial records are in Pristina.  One of them, 
Sulejman Bitiqi, was injured in May 1999 when NATO bombed the Dubrava 
Penitentiary in Kosovo.  The HLC has requested the Serbian Ministry 
of Justice to release nine Albanians injured in the Dubrava 
Penitentiary on humanitarian grounds.
2. There are 249 Albanians in the Penitentiary-Correctional 
Institution at Nis. Under the Amnesty Law, 54 who have been convicted 
of hostile activities and one of armed rebellion are to be released. 
The Law does not cover 157 prisoners found guilty of terrorism.  They 
include the 143-member Djakovica Group who were sentenced even though 
the prosecution failed to present any proper evidence of their guilt. 
The HLC expects early consideration of their appeals by the Serbian 
Supreme Court and their acquittal.  One Albanian convicted of 
espionage (Article 128 of the Yugoslav Criminal Code) and one of 
incitement of religious and ethnic hate (Article 134 of the Criminal 
Code), as well as 35 sentenced for ordinary crimes, will not be 
released under the Amnesty Law.
3. Of the 57 Albanians in the District Prison at Zajecar, 23 will be 
amnestied.  Fifteen sentenced for terrorism, eight for illegal 
possession of firearms, one for infiltrating armed groups, weapons 
and ammunition into FR Yugoslavia territory, and five convicted of 
ordinary crimes will not be released.
4. There are 43 Albanians in the District Prison in Vranje, of whom 
13 were convicted of hostile activities and will be amnestied. 
Nineteen Albanians sentenced for terrorism and 11 for ordinary crimes 
will not be released.
5. Fifteen of the 27 Albanians in the Penitentiary-Correctional 
Institution at Cuprija will be released in accordance with the 
Amnesty Law.  Four sentenced for terrorism, one for murder for 
hostile motives, and seven for ordinary crimes will not be amnestied.
6. There are 14 Albanians in the District Prison at Prokuplje.  Four 
convicted of hostile activities will be released whereas eight 
sentenced for terrorism and one for espionage (Bekim Kastrati, a OSCE 
local staffer) will not.
7. Six Albanians are in the District Prison at Leskovac.  One, 
sentenced for hostile activities, will be amnestied, while one 
convicted of illegal possession of firearms and four of ordinary 
crimes are not covered by the Amnesty Law.
8. Two Albanians convicted of ordinary crimes are serving their 
sentences at the Zabela Penitentiary-Correctional Institution at 
Pozarevac.
9. There are 42 Albanians in the District Prison at Zrenjanin, of 
whom 13 will be released under the Amnesty Law.  Six convicted of 
terrorism and 23 of ordinary crimes will remain in prison.
10.  Of the 31 Albanians in the District Prison at Smederevo, 21 
convicted of hostile activities will be released in accordance with 
the Amnesty Law; six sentenced for terrorism and four for ordinary 
crimes will not be released.
11. One Albanian is serving a sentence for an ordinary crime in the 
District Prison at Kragujevac; two convicted of terrorism and another 
two of ordinary crimes are in the Penitentiary-Correctional 
Institution at Valjevo.

  _________________________________________________________________

AIM Belgrade, February 27, 2001

Amnesty bills recently adopted by the Yugoslav Parliament and the
Serbian Legislature will reduce or annul sentences of some 30,000 people
convicted of a variety of offenses -- everything from murder, rape, and
desertion, to damaging Yugoslavia's reputation. The state's mercy
towards "ordinary" criminals was an immediate result of riots that
erupted in Serbian prisons last autumn. Back then, the co-ministers of
justice in the Serbian interim government promised inmates that their
sentences would be reduced by one-third. The federal amnesty bill was
passed two reasons: to free from prosecution over 25,000 deserters from
the war in Kosovo and to meet the demands of the West that all ethnic
Albanian prisoners, some 650 of them, be set free.
     The Serbian bill adopted on Feb. 12 cuts by a quarter the sentences
of all inmates convicted of minor crimes, whereas serious offenders will
have their prison terms shortened by 15 percent. The latter covers such
offenses as murder, abduction, rape, unnatural sexual relations, incest,
aggravated and armed robbery, racketeering, and criminal conspiracy. All
in all, it pertains to over 4,000 inmates, from which only those who
were convicted for unnatural and other sexual relations with the infirm
and minors below 14 years of age are exempt, as well as repeated
offenders convicted more than three times for the same crimes.
     The general arguments used to back the bills are that conditions in
Serbian prisons are inhuman and that the punishment system is such that
no one leaves prison a better person. Other explanations were also
offered. "We were forced to pass the amnesty bill because the real
thieves are scot-free, and the petty ones are in prison," said Nebojsa
Lekovic, a member of the Serbian Legislature's Judiciary and
Administration Committee. "The problem is we lack the facilities for the
real offenders, and some 2,500 people are now waiting to be sent to
prison. Our penitentiaries are overcrowded, and we have to make room for
those who destroyed this country," he added.
     The law, however, failed to obtain unanimous support of jurists and
the general public. The non-government organization YUCOM (Yugoslav
Committee of Lawyers for Human Rights) said that the selection of
offenses to which the bill would extend was made hastily. One of such
examples is rape, which is punished by between one and 10 years in jail.
Some 15 women's non-government organizations dealing with male violence
against women and children sent a letter of protest to the Serbian
Justice Ministry and the Judiciary Committee, saying that offenses
against dignity and morals should not be included in the amnesty bill.
The bill also pardons a certain number of ethnic Albanians, sentenced
mostly for illegal possession of weapons and blood feud-related murders.
     The federal amnesty law adopted on Feb. 26, however, is politically
more significant. Some 23,000 deserters and draft dodgers who did not
want to go to Milosevic's war in Kosovo will receive full pardons
(deserters from the previous Yugoslav wars were pardoned in 1996, after
the signing of the Dayton agreement). These include draft dodgers, men
who left their military units, or merely failed to report on time, as
well as conscientious objectors. Many of them received Draconian
sentences (from three to eight years in jail), and were often tried in
absentia.
     The "patriotic" opposition composed of prominent representatives of
the Milosevic regime did its best to portray the law as the ultimate
form of treason and a catastrophe, because it will not only pardon
deserters (leaving no one to defend the country), but, even worse -- it
will pardon ethnic Albanians. "They are not our political opponents, but
the worst kind of terrorists. To pardon the terrorists is a disgrace and
humiliation of our people who fought against NATO's aggression against
our country," said Mira Markovic, Milosevic's wife and Yugoslav MP.
     The facts, however, reveal a different picture: the federal amnesty
law pardons those ethnic Albanians who in the period from April 27,
1992, and Oct. 7, 2000, committed the crimes of armed rebellion,
inciting the violent overthrow of the constitutional order, and of
conspiracy to commit hostile acts (this being the most numerous group).
Those convicted of terrorism will not be pardoned. According to
estimates of non-government organizations, there are some 180 of them.
They include the so-called "Djakovica Group," consisting of 143 ethnic
Albanians convicted of terrorism in a controversial trial last year
(among other things, the trial made no attempt to determine individual
responsibility).
     Given that amnesty is never granted to terrorists anywhere in the
world, their release will be carried out by special procedure. "I have
submitted a draft document to Yugoslav President Vojislav Kostunica,
proposing the release of 140 ethnic Albanian inmates held in our prisons
without any actually valid legal grounds. Namely, they were charged with
terrorism in 1999 in Kosovo and Metohija, but no evidence was presented
at their trial, investigators did not prove anything, and court process
abounded in all sorts of irregularities... The actual terrorists managed
to escape, and innocent people were apprehended and sent to prison
instead. President Kostunica will decide whether this group of ethnic
Albanian inmates will be set free," Yugoslav Justice Minister Momcilo
Grubac told the federal Parliament.
     The Parliamentary Assembly of the Council of Europe set the release
of ethnic Albanian prisoners as a condition for admitting Yugoslavia.
Prior to the recent visit of International Criminal Tribunal for the
Former Yugoslavia Chief Prosecutor Carla del Ponte to Belgrade, and her
request that Milosevic and other indictees be extradited, this was the
West's main demand. Last autumn, President Kos tunica decided to release
ethnic Albanian poetess Flora Brovina, who was serving a 12-year
sentence for terrorism.

Roksanda Nincic
  (AIM)
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