 Demand for the
release of ethnic Albanians unlawfully detained on charges of political acts in connection
with the Kosovo conflict
08 November 1999
Information obtained by the Humanitarian
Law Center (HLC) points to grave violations of due process by Serbian judicial bodies and
correctional institutions against ethnic Albanians who were arrested in the 24 March-10
June period this year on charges of terrorism and other criminal acts against the
constitutional order of FR Yugoslavia prior to 24 March, or who have been convicted of
criminal offenses in connection with the Kosovo conflict.
According to the HLC’s information, some
350 Kosovo Albanians are currently being held without any legal grounds. The 30-day
detention period set by the Serbian Ministry of Internal Affairs on the basis of the FR
Yugoslavia government’s decree on the application of the Criminal Procedure Code during
the state of war expired five and more months ago. The persons being held include minors
of the age of thirteen, among them Ekrem Nebihi.
HLC attorneys Ibish Hoti and Mustafa
Radoniqi, defense counsel for several Albanians detained at the Sremska Mitrovica
penitentiary and correctional institution, have not been permitted to see their clients.
No explanation has been given.
Trials are frequently scheduled without the
indictments being first delivered to the accused or their lawyers or, when delivered, they
are in the Serbian language. Furthermore, courts neglect to summon lawyers from Kosovo
retained by the accused or members of their families. Defendants are assigned
court-appointed attorneys, some of whom fail to appear in the courtroom on the trial date.
The HLC has noted also that various intermediaries often recommend that accused Albanians
retain lawyers from Serbia, for whom defending Albanians charged with political offenses
has become a lucrative business. In addition, trials are held without professional
interpreters so that the majority of defendants are unable to follow the proceedings.
Serbian judicial bodies thus systemically
violate the rights of detained persons guaranteed by Article 24 of the FR Yugoslavia
Constitution, Article 16 of the Serbian Constitution, articles 190 through 200 of the
Yugoslav Criminal Procedure Code, and generally recognized international standards.
Since the detainees in Serbia are Kosovo
Albanian civilians who were arrested after 24 March while on their way to neighboring
Albania after being driven from their homes by the security forces, and persons accused of
being members of or aiding the Kosovo Liberation Army, the HLC strongly urges the highest
Serbian government and judicial officials to initiate the procedure for the release of
those who are being unlawfully detained and accused of political acts in connection with
the Kosovo conflict.
The Humanitarian Law Center reiterates its
appeal to the relevant Serbian authorities to release immediately 25 Kosovo Albanian
minors, around 200 wounded and sick, and Igbale Gjafaj and her four-month baby,
considering their detention primarily as a humanitarian problem which must be dealt with
on a priority basis. |
