[Kcc-news] WAR CRIMES IN KOSOVO: A Population-Based Assessment of Human Rights Violations of Kosovar Albanians by Serb Forces

[Mentor Cana]

WAR CRIMES IN KOSOVO

A Population-Based Assessment of Human Rights
Violations of Kosovar Albanians by Serb Forces

http://www.phrusa.org/new/kexec.html

June 15, 1999

by

Physicians for Human Rights

In Conjunction With
Program on Forced Migration and Health
Center for Population and Family Health
The Joseph L. Mailman School of Public Health
Columbia University
Executive Summary
Purpose of the Study

The Kosovo crisis has resulted in the largest population
displacement in Europe since the Second World War. Journalists
and human rights researchers have investigated, documented and
reported many individual accounts of human rights violations taking
place in Kosovo. There has been no previous human
rights-oriented, epidemiological study of Kosovar refugees in
Albania and Macedonia-the two countries hosting the most
refugees. Physicians for Human Rights (PHR) and the Program on
Forced Migration and Health of Columbia University's Joseph L.
Mailman School of Public Health designed this study to establish
patterns of human rights violations among Kosovar refugees by
Serb forces using a population-based approach.

The team deliberately did not seek out and select victims of abuses
or witnesses to massacres to interview for this study. Rather, the
study was designed to assess the pervasiveness of violence and
abuses suffered by the refugee population from Kosovo. To this
end, we randomly sampled 1,209 Kosovar refugees in 31 refugee
camps and collective centers in Albania and Macedonia between
April 19, 1999 and May 3, 1999. The survey assessed human
rights abuses among 11,458 household members while living in
Kosovo.

Survey participants were from 23 of the 29 districts within
Kosovo. The average age of participants was 40. Two thirds of
the respondents were men and one third were women. Nearly all
participants were ethnic Albanian (99%) and Muslim (98%).

Summary of Findings

The findings of this study indicate that Serb forces have engaged in
a systematic and brutal campaign to forcibly expel the ethnic
Albanians population of Kosovo throughout the province. In the
course of these mass deportations, and over the past year in
Kosovo, Serb forces have committed widespread violations of
human rights against ethnic Albanians including: killings, beatings,
torture, sexual assault, separation and disappearances, shootings,
looting and destruction of property, and violations of medical
neutrality. These abuses were experienced on the individual level
by a substantial number of refugees. A striking one in every three
households (31%) reported among its members at least one of
these abuses in the past year. The majority of these abuses (58%)
occurred in March and April of 1999. Among the 598 incidents of
human rights abuses reported among respondents and their
household members, the location where these abuses occurred
included 23 of the 29 municipalities of Kosovo. In general, the
highest frequencies of abuses were observed in municipalities with
the largest population size.

It is clear from this study that until Serb forces departed, to be an
ethnic Albanian in Kosovo was to be vulnerable to theft,
destruction of property, separation from family members, sexual
violations, killing, beating, torture, and/or deportation for no
reason other than one's ethnic identity. Such was the lot of many of
those whom PHR interviewed. Such accounts of suffering,
individually and collectively, are a powerful testimony to the
cruelty, thoroughness, and extraordinary breadth of Milosevic's
war against unarmed and helpless Kosovar Albanian men, women,
and children.

Forced Expulsions

The extent and nature of forced expulsions of ethnic Albanians
from Kosovo by Serb forces is abundantly clear from this study.
PHR's survey findings demonstrated that virtually all (91%)
participants were forced, directly or indirectly, to leave their
homes simply on the grounds that they were Kosovar Albanians.

Overall, 68% of participants were forcibly expelled by Serb
forces. More than one third of survey respondents experienced
Serb police or soldiers coming to their homes (36%),
demonstrating the pervasive manner in which terror interrupted
individual and family life at home. Others were forcibly expelled
due to Serb bombing (25%), Serb police or soldiers harming
people (4%), and Serb police or soldiers destroying people's
property (3%). Furthermore, nearly one quarter (23%) of
respondents reported that they left Kosovo because they feared
Serb forces.

Only 5 of the 1,180 participants (0.4%) cited the Kosovo
Liberation Army (KLA) as the cause of their displacement.
Contrary to Serb media reports, not one survey participant cited
NATO bombings as a reason for displacement from their home.

Individual case testimonies demonstrated that the expulsions by
Serb forces were done in a methodical and ruthless manner. They
often included Serb forces coming to homes of Kosovar Albanians
and ordering all inhabitants to leave within hours under threat of
death. Such expulsions were often associated with destruction of
one's home and personal property, and/or physical harm to
household members. A.B., a 65-year-old farmer from Degan,
reported:

I was tending my cows when the police and VJ soldiers came to
my house and told us we must leave in two hours. 'This is not your
place. We will burn all of your houses,' they said. They made me
lie down on the ground and started to beat me. They did this for
the rest of my family to see. As we left, I saw smoke coming from
my village. We then went to the village of Ismig, but had to leave
there because of the Serb bombings. As we passed through the
town of Strelle on our way to the Albanian border, I saw mosques
and schools that had been burned. Once we reached the border,
the Serb soldiers destroyed all of our documents.

Killings

The PHR study also documented numerous reports of killing of
Kosovar Albanian civilians by Serb police, soldiers and
paramilitary forces.

Overall, over one third (35%) of survey respondents either
witnessed Serb police or soldiers killing someone (14%), or saw
dead bodies they believed were killed by Serb police or soldiers
(21%).

While participants reported a total of 59 killings among all
household members, they also reported witnessing (97), or seeing
physical evidence of killings (273) among 370 non-household
members. Of all killings reported, there were 160 accounts of the
killing of 3 or more individuals.

These killings were part of a brutal pattern by the Serbian forces
of causing fear and intimidation. The case testimonies indicated
that many of the killings by Serb forces were committed in public
places, and that witnesses were prevented from removing the
bodies for days so that other Albanians could contemplate the
possibility of a similar fate. Individuals suspected of being affiliated
with the KLA were also targeted and executed.

For example, S.K. a 39 year-old housewife from Medvec
reported that on March 20 in the village of Pirane, she saw
approximately 5 dead bodies on the side of the road.

The bodies were in a line, every 100 meters. They each wore the
white Albanian caps on which crosses with blood had been made.
I think this was done by the Serbs so that the blood would be seen
by other people.

Beatings/Gunshot Wounds/Threats at Gunpoint

PHR found that Kosovar civilians were routinely beaten by Serb
police, soldiers, and paramilitary. Among survey participants, 372
incidents of beatings were reported for the participants and all
household members. An additional 28 beatings were reported
among non-household members even though this information was
not formally solicited. PHR's case testimonies clearly
demonstrated that individuals were targeted for beatings simply on
the basis of their identity as ethnic Albanians.

Also, PHR identified a number of cases in which civilians suffered
from serious injuries as a result of gunshot wounds. Sixteen cases
were reported among survey participants and their family
members, including many women and children. In addition,
respondents reported that 31 household members were threatened
at gunpoint by Serb forces.

Torture/Sexual Assault

More extreme forms of cruel, inhuman and degrading treatment
were documented in this study as well. PHR documented 44 cases
of torture and 4 cases of sexual assault by Serb police, soldiers
and paramilitary among survey participants and their household
members. Individuals suspected of having arms or connections
with the KLA were often targeted for torture.

As our case testimonies demonstrate, the purpose of torture and
sexual assault (in the context of war) is not only to cause physical
and mental suffering of individual victims, but to undermine the
trust and unity of entire communities. Reports of sexual assault
were likely underreported in the PHR study due to shame and
embarrassment of respondents.

Separation and Disappearances

Among survey participants, 33 incidents of separation and
disappearance by Serb forces were reported for the participants
and all household members. An additional 13 incidents of
separation and disappearance were reported among
non-household members even though this information was not
formally solicited. While the reports of separation and
disappearance by Serb forces were limited in this study,
separation from household members for other reasons were very
common. On average, respondents were separated from 1.8
household members in the course of fleeing Kosovo. Such
separations represent profound disruptions in the lives of many
Kosovar Albanians.

Case testimonies of the participants demonstrated that Serb
authorities in Kosovo forcibly separated ethnic Albanian men from
women and children, and subsequently, the fate of these men was
often unknown. These separations and disappearances commonly
occurred at the time of forced expulsion from Kosovo as the
following cases illustrates:

M.A., a 20-year-old housewife from Kllodernice, described the
following chain of events in her village on April 13:

It was early in the morning at about 7:00 a.m. when our village
began to be grenaded by police, paramilitary and VJ forces. At
about 9:00 a.m., the police forces came into my yard and told us
to go to the school yard. In the school yard, they separated the
men from women. I mean all males above 15 years old. We were
separated and all the females were started to Albania by force.
But from that moment on, we don't know anything for our males. I
mean my father, my brother, my uncles and all our cousins.

Destruction/Looting of Property

PHR documented numerous reports of destruction of property
owned by Albanians and looting by Serbian police, paramilitary
and VJ forces throughout Kosovo. Much of this destruction took
place in the context of the forced expulsions, and appeared to
represent a "scorched earth policy" so that ethnic Albanians would
not return to Kosovo.

The vast majority of those interviewed (89%) witnessed the Serb
police or soldiers burning of homes or saw the homes after they
had been torched. Furthermore, 186 respondents (16%) saw
Serb police or soldiers burn their own home, and an additional
150 participants (13%) saw the after-effect of their house being
burned. Nearly half (48%) of all participants witnessed Serb
police or soldiers destroying peoples' property, and Serb police or
soldiers demanded money or valuables from nearly half (49%) of
survey respondents.

Destruction of Social and Cultural Identity

PHR found that Serb forces engaged in acts that represent an
attempt to destroy the social and cultural identity of Kosovar
Albanians. For example, nearly two thirds (60%) of survey
respondents observed Serb forces removing or destroying
personal identification documents. The intent of Serb forces to
destroy the social identity of Kosovar Albanians is also reflected in
the number of places of worship, schools and medical facilities that
have been destroyed by Serb forces. Nearly half (47%) of the
respondents had seen places of worship destroyed, and 456
respondents (39%) had seen schools that had been destroyed.

Landmines

In addition, refugees also reported seeing landmines being laid by
Serb forces. Overall, 134 respondents (11.4%) observed
landmines being laid in various regions of Kosovo. The following
perpetrators were identified: V.J. soldiers (76%), Serb police
(31%), paramilitary forces (12%), or civilians. Survey participants
reported more than 50 sites where they had observed landmines
being laid by Serb forces between March 24 and May 1999.
Study respondents did not report seeing landmines laid by
members of the KLA.

Violations of Medical Neutrality

A second part of this study involves PHR's investigation of
violations of medical neutrality, that is, the deliberate destruction of
medical infrastructure and attacks on medical practitioners in
Kosovo. The experiences of ordinary Kosovar Albanians again
illuminates the thoroughness and pervasiveness of Serb forces'
destruction and violence in Kosovo. Nearly 50% (537) of the
1180 individuals surveyed by PHR reported witnessing a distinct
incident of a violation of medical neutrality by Serb authorities or
health personnel. For example, 23% of the refugees interviewed
saw destroyed Albanian medical facilities; 20% of survey
participants observed Serb police or soldiers forcing medical
workers or patients from medical facilities; and 21% observed the
misuse of medical facilities by Serb military forces. From the
experiences of these randomly selected survey participants, PHR
learned of the destruction of 100 medical clinics, pharmacies, and
hospitals.

Implications of the Study Findings

The findings of this population-based survey have wide-ranging
implications. They established patterns of human rights violations
against Kosovar refugees by Serb forces that will be important in
the prosecution of those responsible for war crimes. Knowing the
prevalence of such human rights violations among Kosovar
refugees also is important to medical and mental health
professionals providing care to the refugees now and in the future.
Furthermore, the findings of the survey provide knowledge of the
primary reasons for refugee flight. This is crucial information to
policy-makers and humanitarian workers concerned about the
conditions under which the refugees could return. Clearly, the
participation of Serb forces throughout Kosovo in abuse of one
form or another of the vast majority of Albanian with whom they
had contact should preclude their presence within Kosovo in any
numbers in the future. Additionally, the extent of destruction of
health facilities and the targeted abuse of Albanian doctors offer a
strong basis for adding to the indictment of President Milosevic
and others the charge of violating medical neutrality, which is a war
crime.

Summary of Methods

The PHR survey specifically assessed the proportion of people
witnessing or experiencing: forced expulsions, killings, beatings,
torture, separation and disappearances, shootings, sexual
violations, destruction of personal identification documents,
burning of homes and other personal property, use of medical
facilities for military purposes, expulsion of patients and doctors,
destruction of schools, religious objects and medical facilities, and
the laying of landmines by Serb forces.

Additional insight into abuses reported in the survey was provided
by individual accounts of human rights violations by study
participants. Qualitative, narrative information was provided by
801 (68%) of the 1,180 survey participants. Fifty additional
semi-structured interviews were conducted with health
professionals and other individuals regarding violations of medical
neutrality by Serb forces.

Recommendations

At the time of this writing, President Milosevic's representatives
have agreed to NATO's demands that all Serb forces (including
paramilitary, army, and police) be withdrawn from Kosovo and
international forces permitted to enter, with NATO troops at the
core of the force. Significant numbers of international troops have
entered Kosovo, and Serb forces are withdrawing. Recent refugee
accounts of massacres of Albanian civilians, rape, and other
atrocities committed in the past several weeks suggest that Serb
forces accelerated their abuses before they left Kosovo. PHR
views this period as the time when upwards of 600,000 Albanians
still inside Kosovo, almost all of whom are believed to have been
displaced from their homes, are at the highest risk. PHR appeals
to the United States and its allies to take on the most urgently
needed task of all: the protection of civilians within Kosovo who
are at risk of human rights violations by Serb forces as the forces
withdraw.

The international community now faces the task of militarily
stabilizing Kosovo, removing landmines, disarming the KLA,
locating and finding shelter for unknown hundreds of Kosovar
Albanians who are displaced within Kosovo, and rebuilding the
country so that refugees may return. The timeline for accomplishing
those tasks is very short, if the civilian population is to be provided
appropriate shelter before the onset of winter.

Physicians for Human Rights calls upon the United States
and its allies to take the following actions:

· Assure that the international community entering Kosovo has
rules of engagement that specify military actions to prevent or stop
abuses against civilians by departing Serb forces.

· Secure the departure of Serb forces, including VJ (Yugoslav
army), MUP (Ministry of Interior Special Police Unit) , and
paramilitary, before attempting to return refugees. Serb forces
remaining on Kosovo's borders should be prohibited from playing
any role whatsoever in determining whom among the refugees may
return, or from having any contact with the Kosovar Albanian
community.

· Locate and secure all places of detention immediately, so as to
prevent the abuse or execution of Kosovar Albanian prisoners
before Serb forces depart.

· Provide protection for the minority community of Serb civilians in
Kosovo.

· Assure the safe return of all those who wish to return to Kosovo,
and the safe transport of those displaced within Kosovo to their
home villages.

· Deploy an independent and vigorous human rights monitoring
team with instructions to make all reporting public.

· Take explicit precautions so that all refugee return is entirely
voluntary and that families are reunified.

· Secure immediately and provide continuous protection to the
suspected sites of mass killing so that forensic specialists can be
deployed to gather physical evidence for the International Criminal
Tribunal for the former Yugoslavia.

· Make humanitarian demining and landmine awareness campaigns
an immediate priority to prevent massive loss of life and limb to
returning refugees, the internally displaced and the peacekeeping
forces.

· Provide temporary identity documents to all Kosovar Albanians
whose papers have been confiscated who wish to return to assure
their access to their own homes and lands.

Physicians for Human Rights calls upon the International
Criminal Tribunal for the former Yugoslavia to take the
following actions:

· Amend the indictment of President Milosevic and four other
officials to include violations of medical neutrality

· In all investigations, coordinate with families so that their rights to
return home and have access to their family members and the
remains of their family members are assured.

Physicians for Human Rights calls upon international
donors, United Nations agencies, and nongovernmental
agencies to take the following actions:

· Develop relief, housing, health care, water, and other
reconstruction efforts in explicit cooperation with Kosovar
Albanian organizations, including the loacl medical association and
the Mother Theresa Society.

· Press the Governments of Macedonia and Albanina to permit
Kosovar Albanian physicians to serve the refugee community by
practicing their profession.

· Support local families in Macedonia and Albanian who may
continue to house large numbers of refugees who do not return to
Kosovo immediately.

· Provide assistance to the Tirana Military Hospital, which handles
all civilian and military trauma cases, and which lacks basic
medical equipment and supplies.

· Support local Kosovar organizations both in exile and once they
return and take pains that their role in service to their community
not be usurped by foreign nationals.

· Develop an extensive program of mental and physical health
care, in consultation and cooperation with Kosovar Albanian
health professionals, to provide assistance both for refugees and
returnees.

· PHR urges all international agencies to attend to psychological
issues in all of their efforts to rebuild civil society on behalf of the
traumatized Kosovar population. In new structures of health care
in Kosovo post-crisis, PHR advises the integration of a robust
mental health service to assess the needs of all Kosovar
communities and provide for individual and group support and
treatment.