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Teror u Opštini Berane

                                    Teror u Opštini Berane

 c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the law prohibits torture, police in Serbia routinely beat people severely when holding them under detention or stopping them at police checkpoints, especially targeting ethnic Albanians. According to human rights agencies, police beat thousands of Kosovar Albanians and Sandzak Muslims during searches for illegal weapons, and extracted "confessions" during interrogations that routinely included beating the suspects' feet, hands, and genital areas with fists and nightsticks, use of electric shocks, and verbal intimidation. In late November, Ismail Raka, an ethnic Albanian from Kaganik in southeast Kosovo, died while in police custody. His family was told he had committed suicide by jumping from a fifth-floor window; photographs of his body show evidence of torture and severe beatings. Sabit Vllahia died in Podujevo in early December, and Hasan Cubolli, age 81, died in Podujevo on December 27 while being held by the Serbian police.

The use of excessive force in Kosovo and Sandzak was both routine and capricious. Police allegedly beat Sylejman Bytuqi when they raided his home in Malisheva and found an unregistered gun. Four days later, local police severely beat Mustafe Rukovci in Gnjilane after failing to uncover any weapons in a search of his home. Serbian police beat and harassed the family members of suspected political activists or those they believed to be in possession of illegal weapons.

Apparently confident there would be no reprisals, police often beat their victims in public view or in front of their families. On February 21, police reportedly searched the house of Ibrahim Havoli, an ethnic Albanian, and, because Havoli was not at home, beat his brother. Amnesty International reported that 2 days later, 40 police officers searched the home of Shemsi Gashi in Pristina, brutally beating him, his 2 sons, and 2 guests in front of the rest of the family. In Pec, police took an ethnic Albanian secondary student off a school bus in April, beat him, and carved Serbian nationalist symbols into his chest.

Police allegedly told one beaten man that they would drop criminal charges against him if he signed a statement saying he had not been beaten. They warned another one that he would have trouble with notorious paramilitary leaders Zeljko "Arkan" Raznjatovic and Vojislav Seselj if he talked. In May police in Kosovo stopped two men for no apparent reason as they drove their children to school and beat them so severely they were hospitalized for 3 days. When it turned out that the men were ethnic Serbs, officials at all levels demanded that proceedings be started against the police.

Prior to 1994, the Government of Montenegro had generally displayed more tolerance toward its ethnic minorities than had its Serbian counterpart. In February and March, however, Montenegrin police beat and tortured 25 Sandzak Muslims active in the Party of Democratic Action (SDA) whom they had arrested on a variety of weapons charges. According to defense lawyers, Harun Hadzic was beaten for 48 hours without a break, given electric shocks, and forced to wear a painfully hot asbestos cap. Police beat Hadzic and the other victims with truncheons, making them count the number of blows out loud, tied them to radiators, deprived them of food, water, and sleep, and threatened to kill them. Police allegedly forced a truncheon first into Avdea Ciguljin's anus and then into his mouth. Sandzak Muslim political leaders and human rights activists believed the beatings were aimed at creating a climate of fear in the Muslim community to destroy the SDA and ultimately alter the demographic balance in the region by causing Muslims to flee.

In the Sandzak region, Serbian authorities were similarly abusive. The Humanitarian Law Fund (HLF), a Belgrade-based human rights organization, documented numerous instances in which local authorities used torture and physical abuse during a series of massive house-to-house searches carried out in Prijepolje between January 27 and February 17. Many of those beaten singled out district chief Mileta Novakovic as having been particularly brutal. Some beatings were clearly politically motivated. One victim told an HLF representative that his interrogation began with a berating for his political activities followed by a severe beating. Fadil Osmanovic, a teacher and vice president of the SDA in Berane, committed suicide after being tortured at a police station and ordered to report to the police again. In May police beat Mustafa Dzigal in a Novi Pazar prison after questioning him about his contacts with CSCE representatives. (Ovo je dezinformacija jer nije ubijen u policijsku stanicu)

Fadil osmanović, učitelj i podpredsednik SDA za Beranu,   bio je ubijen u policijskoj stanici  u maju. (Dezinformacija) Policija je isprebijala Mustafu u novom pazaru zatvoren je i ispitivan o njegovim suradnjama sa nekom grupom CSCE ...

Nearly 100 Kosovar Albanians and Sandzak Muslims have been convicted over the past 2 years and are serving prison terms on the unsubstantiated grounds of conspiring to undermine the integrity of the State. Insofar as the real grounds for these charges appear to have been that these persons were active in ethnic Albanian and Sandzak Muslim political parties, they may be said to have been prosecuted for their political associations rather than for criminal activity.

d. Arbitrary Arrest, Detention, or Exile

Federal law permits police to detain suspects without a warrant and hold them incommunicado for up to 3 days without charging them or granting them access to an attorney. After this period, police must turn a suspect over to an investigative judge, who may order a 30-day extension and, under certain legal procedures, subsequent extensions of investigative detention up to 6 months. Police routinely held suspects well beyond the 3-day statutory period. It is generally during this initial period that detainees experience the worst treatment and abuse. During investigative detention, detainees theoretically have access to legal counsel, although in practice access is only occasionally granted.

Defense lawyers in Kosovo and Sandzak have filed numerous complaints about flagrant breaches of standard procedure which they believed undermined their clients' rights. The courts ignored those complaints. In November and December, police began a massive roundup of some 200 ethnic Albanian former members of police and security forces in Kosovo. Lawyers reported that most of those detained were subjected to harsh beatings and electric shock torture, held longer than the law permits before charges were brought, and subjected to more beatings after appearing in court.

A group of 25 Montenegrin Sandzak Muslims arrested between January 26 and March 20, most of them active in the SDA, were held without charge for longer than the law allows. They were not allowed to contact defense lawyers until February 8, when the high court in Bijelo Polje, Montenegro, overturned a ruling by the investigative judge that suspended their right to counsel. In the interim, police interrogated the defendants in the absence of their lawyers and, after subjecting them to brutal physical torture including the use of cattle prods, obtained incriminating statements from them. In June the Montenegrin investigative judge widened the scope of the investigation to include another 12 suspects, further delaying the trial date. On December 28, 21 defendants were sentenced to prison terms ranging from 2 to 7 years for "attempting to undermine the territorial integrity of the State." The head of the Party of Democratic Action (SDA) in Montenegro, Hajrun Hadzic, received the stiffest sentence of 7 years, to begin immediately rather than after the appeals process.

Defense lawyers and human rights workers have also complained of excessive delays in filing formal charges and opening investigations. The ability of the defense to challenge the legal basis of their clients' detention was further hampered by the difficulty they encountered in gaining access to copies of the official indictment and the decision to remand the defendant into custody. In some cases, prosecutors have failed to share material evidence with the defense in a timely fashion, and judges have prevented defense attorneys from reading the court file. The investigative judges, formally responsible for every aspect of the investigation, often delegate most or all responsibility to the police or state security service. Although this is allowed under law, the free hand given to the police often reduced the role of the investigative judge to one of pure formalism. Defense lawyers frequently complained of difficulty in gaining access to their clients, even during questioning by the investigative judge, a restriction rarely placed on public prosecutors.

In a country where the majority of ethnic Serbs are armed, police selectively enforce the laws regulating the possession and registration of firearms so as to harass and intimidate ethnic minorities. Serbs are rarely, if ever, charged with similar crimes although they are equally well armed, generally with illegal or unregistered weapons. An exception occurred in September when Serbian President Milosevic moved against members of the ultranationalist Serbian Radical Party (SRS). One SRS parliamentary deputy, Vakic, was stripped of his parliamentary immunity for illegal possession of explosives and automatic weapons.

Often, police in Sandzak and Kosovo simply order a member of an ethnic minority to turn in a certain weapon and a specified number of bullets within a set time, on threat of detention or torture. The victim, if not in possession of a weapon, is generally forced to purchase one on the black market in order to turn it in to the police. Police do not similarly harass ethnic Serbs, and despite high crime rates arrests of Serbs for possession of illegal weapons are rare.

In January Serbian police arrested Rivzat Halilovic, leader of a faction of the Macedonian Party of Democratic Action while he was in Serbia, on highly suspect charges of espionage. The "secret maps" that he was accused of handing over to Pakistani agents could be purchased at any Belgrade book store.

In Kosovo, Serbian police continued a policy of frequent, arbitrary detention of political activists. Following a concert in Urosevac commemorating the death of 5 ethnic Albanians in violent clashes with police, Serbian authorities ordered the arrest of some 40 of those present, including prominent members of several local branches of the Democratic League of Kosovo (LDK). The police allegedly beat them in the course of interrogation. The arrests were designed strictly to intimidate and were not connected to the concert in any way.

On February 4, three unidentified men kidnaped Veljko Dzakula, a former "vice president" in the self-proclaimed "Republic of Serbian Krajina" (RSK), from a busy street in downtown Belgrade. The night before his disappearance, he gave an interview to independent television Studio B highly critical of the Yugoslav army. Five days after he disappeared, representatives of the RSK "interior ministry" admitted to holding Dzakula in Glina prison on charges of espionage. A Belgrade-based human rights lawyer claimed that Serbian police, working closely with the RSK state security service, kidnaped Dzakula and "extradited" him to the "RSK" without allowing him to defend himself. Although the territory of the "RSK" is internationally recognized as a part of Croatia, Dzakula was charged with a crime under the "FRY" Criminal Code.

Exile is neither legally permitted nor routinely practiced. No specific instances of the imposition of exile as a form of judicial punishment are known to have occurred.

Preuzeto sa druge internet stranice.

Hadži Izet Osmanović

        

 

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