From mentor at alb-net.com Fri Apr 14 15:18:22 2000 From: mentor at alb-net.com (Mentor Cana) Date: Fri Apr 14 15:18:22 2000 Subject: [Kcc-News] Kosova CDHRF's Open lettert To UN Special Rapporteur on HR - Mr. Jirzhi Dienstbier Message-ID: ____________________________________________________________________ K?SHILLI P?R MBROJTJEN E T? DREJTAVE E T? LIRIVE T? NJERIUT COUNCIL FOR THE DEFENCE OF HUMAN RIGHTS AND FREEDOMS Rr. Zdrini, 38000 Prishtin?-Kosov?; tel. 381 (0) 549006 fax: 381 (0) 38 549007 E-mail:kmdlnj at albanian.com cdhrf at albanian.com http://www.albanian.com/kmdlnj Open letter to the UN Special Rapporteur on Human Rights - Mr. Jirzhi Dienstbier New York Dear Sir, We were compelled to send you an open letter on reading your report on the situation of the human rights in Kosova. This is the second time that the Council for the Defence of Human Rights and Freedoms expresses its public disagreement with your views regarding the situation of human rights and freedoms in Kosova, especially with your recommendations on the measures, which are to be undertaken to change this situation. With regard to your statements on the violation of human rights and freedoms in Kosova, in this letter the CDHRF will focus only on the basic remarks. The other remarks on your report dated March 20, 2000, will be delivered to the Office of the UN High Commissioner on Human Rights. It is not true that the situation in the field of human rights and freedoms in Kosova is worse than the one prior to the NATO air strikes. As you may well know, prior to the NATO air strikes 5-6 persons were killed on average each day. The killings were institutionalized, deliberate, organized and systematic. The violence aimed the ethnic cleansing of Kosova from the Albanians and its colonization with non-Albanians, primarily with Serbs. This objective of the Serbian regime became evident especially during the war in Kosova, in which more than 10.000 Albanian civilians were killed and massacred in the most brutal ways and more than 900.000 Albanians were displaced, expelled by force and deported. More than 200.000 houses, flats, business premises, schools, libraries, cultural and religious objects were looted, burned and destroyed. An area of 400 km2 was mined in order to make the return of the Albanians to their homes impossible. It is true that with the end of the military operations and the arrival of KFOR troops in Kosova, a number of Serbian families and other non-Albanians fled with the Serbian police and military forces. Yet, we remind you Mr. Dienstbier that many members of these families participated in these crimes or supported and concealed some of the gravest crimes in the history of this region. There are also many Serbs who fled due to the feeling of insecurity and that of collective responsibility for the crimes perpetrated by their regime. Yet, we remind you Mr. Dienstbier that after the arrival of KFOR troops in Kosova there are no institutionalized crimes and that individual crimes were condemned not only by the CDHRF and other humanitarian organizations, but also by the political parties and other personalities who participate in the public life in Kosova. In order to effectively protect the minorities, whose rights are undoubtedly violated, the Albanians, especially the local police, should be given higher authorizations, as it is a well known fact that only UNMIK police and KFOR have such authorizations. Do not forget Mr. Dienstbier that there is still a number of unidentified mass gravesites, in which the Serbian forces buried the victims of their crimes. Out of 550 mass gravesites, only 195 were examined. The exact number of the victims of the Serbian crimes in Kosova is still unknown. The CDHRF has documented 171 cases in which whole families were killed and massacred by the Serbian police, military and paramilitary forces. 13% of the killed were children, whereas 33% were elderly (not to mention the other monstrous crimes which were planned by the Serbian regime and which aimed the ethnic cleansing of Kosova). We are convinced that you, Mr. Dienstbier, are well informed on all this, likewise the rest of the world. Please, tell those who are going to read your report whether there are any signs in Kosova of mass persecution of Serbs, Roma and other non-Albanians, which are planned and organized by the Albanians?! Tell those who are going to read your report, which areas the Albanians did mine in order to prevent the Serbs and other non-Albanians from returning to their homes and property! Individual cases of usurpation, burning and destruction were condemned not only by the CDHRF but also by the other political and humanitarian subjects in Kosova. You state that for members of minority communities in Kosova ?freedom of movement is practically non-existent?! (item 33 of the Report). You also suggest the possibility that there might be no minorities in Kosova in the future. Up to now, no one has made such a claim in Kosova, no political parties and no institutions, as there are no facts to support it. Since the end of the war, there were many cases when members of minorities, especially Serbs and Roma, fled Kosova. Yet, this was not caused by any political or administrative institutions, least of all by humanitarian organizations. The flight of the minorities from Kosova does not have an institutionalized character. Many of those who fled have committed, supported or concealed the genocidal crimes of the Serbian forces throughout Kosova. Up to now, none of them has been brought to justice to answer for their crimes. No one in Serbia has asked for forgiveness for what was done in Kosova, at least towards the children and the elderly. On the contrary, hundreds of Albanians are being brought before the courts in Serbia and sentenced to many years of imprisonment in rigged trials. The evidence and statements are extracted through the most brutal methods and torture. Thousands of Albanian prisoners were taken hostage and are being kept in the Serbian prisons. Even nowadays, mass rallies are organized throughout Serbia instigating the Serbs for new atrocities against the Albanians. Why do not you state this, Mr. Dienstbier? Mr. Dienstbier, Kosova is a UN protectorate in which institutional life is being rebuilt in accordance to international standards. The Civil Mission of the United Nations administers with Kosova and its people. KFOR and the KPC are making efforts to establish security, law and order for all the citizens of Kosova. The KLA was officially transformed and demilitarized and does not exist as such anymore. Why do you accuse an organization, which does not exist anymore? In the course of 1999, the CDHRF documented 436 killings of non-Albanians (including not only civilians, but policemen, soldiers and paramilitaries as well). CDHRF has appealed to the Serbian population and the other minorities not to flee from their homes and their property-unless they have committed any crimes. CDHRF condemns violence and defends the human rights of all regardless of their ethnic background, religion and sex. We do this at present and we will continue to do so forever. CDHRF has also appealed to the Albanians to restrain from any kind of individual revenge and to let the International Hague Tribunal deal with those who committed war crimes and crimes against humanity. Mr. Dienstbier, We believe that the process of monitoring the situation of human rights and freedoms demands more efforts as well as other procedures and professional monitoring techniques, which can be offered by the CDHRF. Yet, this will be sufficient only for the gathering of facts and data, whereas the comments and assessments on them require deeper and more objective approach by you yourself and your staff. Inviting you or your representative to participate in the meeting of the CDHRF, in which your report will be analyzed, we thank you for your understanding and cooperation. Prishtina, 5 April 2000 Chairman, Prof. Dr. Pajazit Nushi