[A-PAL] A-PAL NEWSLETTER March 8, 2002

[Alice Mead]

A-PAL NEWSLETTER (ALBANIAN PRISONER ADVOCACY)
MARCH 8, 2002


                          A-PAL STATEMENT

----  TWENTY THREE MORE DAYS UNTIL THE MARCH 31, 2002 DEADLINE----
      **************************************************************
FROM THE NEW INTERNATIONAL CRISI GROUP REPORT ON JUSTICE in former 
Yugoslavia and the Albanian prisoners--

"UNMIK has now announced a transfer is likely before 31 March
2002, in time for the U.S. certification. It is difficult to tell
whether this is wishful thinking, as Covic - who is also the lead
Serbian and FRY negotiator for Kosovo - has complained that a deadline
at such a "sensitive" moment is a bad idea.
     The federal authorities are acting as if they wish to hold the
Albanians until such time as there is an exchange for all Serbs in
Kosovo jails (none of whom are generally considered political
prisoners). The international community should condemn any attempt to
use the 78 Albanian prisoners as hostages and resist the temptation to
equate them with ordinary convicted criminals. For its part, UNMIK
disclosed in January 2002 that it had received some dossiers from the
FRY, although they were incomplete.
     In the mean time, the issue remains another point of contention that
aggravates relations not only with Kosovo's Albanian majority, but also
with the substantial Albanian minority still residing within Serbia
itself, including in southern Serbia.
     Although, the CoE omitted the issue in its October 2001 report, 
it has subsequently announced that release of the Albanians is a 
condition for FRY accession.
  The issue will likewise remain high on the list of
NATO and EU conditions, as it should, and feature in the U.S.
certification decision."



http://www.crisisweb.org/projects/balkans/serbia/reports/A400568_07032002.pdf
_______________________________________________________________________
on pages 10 to 11 of the report (without footnotes):

B. Albanian Prisoners in Serbia

Yugoslav prisons currently hold approximately 162 Kosovo Albanians, of
whom 78 are widely considered political prisoners since they were
captured before and during the Kosovo conflict, then convicted and
sentenced on the basis of "dubious trials".36 They are not prisoners of
conscience, and may in fact have committed the criminal acts with which
they have been charged. However, the evidence presented in court was
either extremely weak, missing altogether, or forcibly extracted.
     The FRY might have easily resolved these cases except that Yugoslav
law does not recognise the concept of a mistrial. Therefore, a
presidential pardon is required. However, President Kostunica - who
often asserts his respect for the rule of law - has overlooked many of
the legal discrepancies. He has overturned only two cases: those of the
human rights activist and poet, Flora Brovina (immediately after 5
October 2000), and - following a direct intervention by French President
Jacques Chirac - the student activist Albin Kurti.
     The FRY and the former head of UNMIK, Hans Haekkerup, signed a
Common Document on 5 November 2001 in which the FRY committed itself to
provide UNMIK with the prisoners' dossiers and to transfer the prisoners
as soon as possible. However, at the second meeting of the joint working
group established under the Common Document, the Ministry of Justice
failed to provide the promised dossiers, offering instead a list of
known names, with only incomplete descriptions of the charges.
     It is unclear whether Deputy Premier Covic, the MUP or the VJ is
most to blame for this obstruction, or indeed whether it forms part of
an overall strategy towards Kosovo. Recently UNMIK informed the Yugoslav
Coordination Centre for Kosovo and Metohija (chaired by Covic) that it
would withdraw from the agreement if the FRY does not fulfil its
bargain.37 UNMIK has now announced a transfer is likely before 31 March
2002, in time for the U.S. certification.38 It is difficult to tell
whether this is wishful thinking, as Covic - who is also the lead
Serbian and FRY negotiator for Kosovo - has complained that a deadline
at such a "sensitive" moment is a bad idea.39
     The federal authorities are acting as if they wish to hold the
Albanians until such time as there is an exchange for all Serbs in
Kosovo jails (none of whom are generally considered political
prisoners). The international community should condemn any attempt to
use the 78 Albanian prisoners as hostages and resist the temptation to
equate them with ordinary convicted criminals. For its part, UNMIK
disclosed in January 2002 that it had received some dossiers from the
FRY, although they were incomplete.40
     In the mean time, the issue remains another point of contention that
aggravates relations not only with Kosovo's Albanian majority, but also
with the substantial Albanian minority still residing within Serbia
itself, including in southern Serbia.
     Although, the CoE omitted the issue in its October 2001 report, it
has subsequently announced that release of the Albanians is a condition
for FRY accession. The issue will likewise remain high on the list of
NATO and EU conditions, as it should, and feature in the U.S.
certification decision.
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