URGENT ACTION - THE OBSERVATORY

YUG 001 / 9808 / OBS 057

Arrest - Detention - Torture

Yugoslavia

August 11 1998

The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and OMCT, requests your URGENT intervention regarding the following situation in the Federal Republic of Yugoslavia.

Brief description of the situation :

The Observatory has just been informed by the Council for Defence of Human Rights and Freedoms in Prishtina (« the Council »), a member of FIDH, and by Human Rights Watch of the arrest and detention of Mr. Destan Rukiqi, member of the Council, who was arrested on July 23rd, 1998, in Kosovo.

Mr. Destan Rukiqi, a 47-year old human rights activist and lawyer, had been working on several human rights cases and had provided information on war crimes, committed by Serbian special police forces in Drenica, to the International War Crimes Tribunal for the Former Yugoslavia in The Hague.

According to the information received, Mr. Destan Rukiqi was sentenced the day of his arrest, on July 23rd, to a maximum of sixty days for disturbing public order (under Article 6, paragraph 3 of the Serbian Law on Public Order). He is the attorney of Mr. Con Bugolli, a political prisoner and victim of the Serbian repression. The morning of his arrest, when Mr. Rukiqi was examining the case of his client, he was prohibited from copying his client's declaration before District Judge Mrs. Marinkovic, which is authorised by law. After quarrelling with the judge, he was immediately brought to trial, sentenced to two months of imprisonment and sent to jail. He was denied recourse to appeal this sentence and was imprisoned before the sentence entered into force.

Furthermore, Mr. Destan Rukiqi was denied access to all legal counsel and his lawyers have learnt that he has been subject to torture.

On July 30th, Mr. Destan Rukiqi was reportedly taken from the Lipjan prison to the Nephrological Clinic of the Prishtina University Hospital because he was suffering from serious kidney injuries, after having been beaten. According to his wife, he is in serious condition and is on dialysis.

On August 6th, Mr. Destan Rukiqi was sent to Belgrade; however, it has not been possible to determine whether he is held at the hospital of the central jail of Belgrade or at another hospital in Belgrade. The administration of the Prishtina jail has refused to communicate any information regarding Mr. Rukiqi's whereabouts. Furthermore, the Observatory would like to recall that the administrations of the Prishtina jail and hospital have prohibited Mr. Rukiqi from receiving visits from his family and lawyers since his imprisonment.

The Observatory is gravely concerned for the physical and psychological integrity of Mr. Destan Rukiqi and recalls that, prior to his detention, he was in perfect health.

Moreover this situation occurs in the context of the development of arbitrary arrests in the last weeks in parallel with the armed offensive of the Serbian forces. Among the persons arrested are many human rights defenders, particularly from the Council for the Defence of Human Rights and Freedoms in Prishtina, such as : Mr Xhevat HAZIRI, President of the Council’s section in Vitija, Mr. Besim ZYMBERI and Mr. Skender FERIZI, members of the Council’s section in Ferizaj.

It is now confirmed that the persons arrested are systematically subjected to torture. This has been the case of Mr. Rexhep BISLIMI, member of the Council’section in Ferizaj, who reportedly died following torture on 21 July last.

Other harassments and threats to defenders such as illegal house searching or ill-treatments on their families, are increasingly being reported.

Actions requested :

Please write to the Yugoslavian authorities urging them to:

i.-guarantee at all times the physical and psychological integrity of Mr. Destan Rukiqi and locate his whereabouts; guarantee also the security of all other defenders such as Mr. Xhevat Haziri, Mr. Besim Zymberi and Mr. Skender Ferizi;

ii.-proceed to their immediate release if they are being held without any valid charges or, should the case be the contrary, ensure their right to a fair and impartial trial as well as their procedural rights;

iii.-ensure a thorough and complete investigation into the arrest and torture of Mr. Destan Rukiqi, as well as into the death of Mr.Rexhep Bislimi, in order to identify those responsible, bring them to trial and apply the civil, penal and/or administrative sanctions as provided by law;