[Kcc-News] Kosova CDHRF's Open lettert To UN Special Rapporteur on HR - Mr. Jirzhi Dienstbier

[Mentor Cana]

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KËSHILLI PËR MBROJTJEN E TË DREJTAVE E TË LIRIVE TË NJERIUT
COUNCIL FOR THE DEFENCE OF HUMAN RIGHTS AND FREEDOMS
Rr. Zdrini, 38000 Prishtinë-Kosovë; 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