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Committee to Defend Slobodan Milosevic www.icdsm.org The URL for this article is: http://www.icdsm.org/more/shock.htm Subscribe to the ICDSM
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friend. ============================================= While everyone watches Iraq, a NATO- sponsored dictatorship assasults the people of Yugoslavia * Shock and Awe in turbulent Serbia * United Nations Office Of The High Commissioner For Human Rights Confidential Memorandum To The Ministries Of Justice And The Interior Of The Republic Of Serbia [Posted 18 May 2003] Please help support the work of the ICDSM ============================================= In the past, New York Times reporter David Binder has been one of the few Western journalists who told the truth, or at least part of the truth, about what has happened in Yugoslavia. One does not need to agree with all his conclusions to honor him for at least raising issues that other reporters simply will not touch. [1] A recent example is his article about the draconian crackdown against dissent in Yugoslaiva, which was published on MSNBC, thus reaching a large audience. A long excerpt from that article is posted below. Below that I have posted a report we received from SLOBODA, the Freedom Foundation organizing the defense of President Milosevic inside Yugoslavia. The report discusses conditions suffered by victims of the massive crackdown in Yugoslavia, conditions that even Western observers have found appalling. -- Jared Israel ======================================================== Shock and
Awe in turbulent Serbia by David Binder ======================================================== WASHINGTON, May 16 - Seen
from here, if anyone beyond the U.S. Department of State
is looking, Serbia’s crackdown following the March
12 assassination of Prime Minister Zoran Djindjic on
outlaws - and almost anyone else viewed as a regime
opponent - seems to demonstrate the strategy of "shock
and awe." How else to characterize a 65-day state of emergency with 10,111 citizens questioned by the police, some 4,000 detained, 45 indicted for "inciting terrorism and murder," the mysterious gunning down of two prime suspects, sharp curbs on the independent press and television, dismissal of judges and the imposition of draconian laws? All of this transpired beneath the enormous global shadow of the war in Iraq, meaning scarcely anyone outside Serbia paid any attention to the events - even Colin Powell’s April 2 stopover in Belgrade received scant notice - perhaps mercifully so for the extremist elements in Zoran Zivkovic’s government. The extremists - Justice Minister Vladan Batic, Interior Minister Dusan Mihajlovic, Deputy Prime Minister Cedomir Jovanovic and Communications chief Vladimir Popovic - as seen in Washington, “are intent on destroying any opposition,” a government official recently ventured, adding, "the criticism that this amounts to creating a one- party system is not far off the mark." ... [2] ======================================================= United Nations Office Of The High Commissioner For Human Rights, Serbia And Montenegro Confidential Memorandum To The Ministries Of Justice And The Interior Of The Republic Of Serbia Initial findings and recommendations arising from the visit to detainees in Belgrade 14-15 April 2003 ========================================================CONFIDENTIAL Following their joint visit to places of detention and detainees in Belgrade on 14 and 15 April 2003 the UN Office of the High Commissioner for Human Rights, OSCE Mission to Serbia and Montenegro and OSCE Office of Democratic Institutions and Human Rights have identified nine urgent recommendations which they would draw to the attention of the authorities in the Republic of Serbia. These recommendations are not intended to represent the complete findings and recommendations of the three institutions. Rather, they represent a number of urgent steps which, if implemented, the Delegation considers would immediately improve the situation of persons detained following the imposition of the state of emergency. The three institutions will issue a comprehensive joint report of their findings and recommendations in due course. This report will expand upon the recommendations below and be complemented by additional ones. The three institutions would like to draw the Government's attention to the fact that, in its observations, many of the problems do not arise directly from the conditions under the state of emergency, but are long-standing problems concerning the Belgrade Central Prison which were identified during assessment visits in 2001. The state of emergency has exacerbated most of these problems and that certain provisions of the amended Law on the Suppression of Organised crime are likely to continue doing so unless appropriate safeguards are promptly introduced. The three institutions welcome the lifting of the state of emergency orders on 22 April. Although the provisions relating to detention under the state of emergency are no longer in force, they consider that the findings and recommendations pertaining to detention contained in this memorandum remain relevant. They base this on recognition of the fact that the pressures on Serbia's criminal justice system remain; that provisions for extended detention without judicial supervision remain in force under the amended Law on the Suppression of Organized Crime; and the continued existence of systemic problems which have previously been identified following the 2001 prison assessment, the visit of the Committee against Torture in 2002 and other assessments. Besides the matters requiring attention which are identified below, the Delegation would like to record that welcome improvements upon the situation in 2001 were noted. These included improved relationships between detainees and prison guards. The Delegation heard consistently positive references to the guards from detainees during their confidential interviews. In addition the Delegation also noted that all government officials were helpful and open in their discussions with it. The three institutions hope that the initial findings and recommendations contained in this memorandum will be of assistance to the Government in its efforts to combat organized crime and uphold the rule of law on accordance with the relevant international standards. They look forward to delivering the full report in the near future and of having the opportunity to carry up follow-up visits to places of detention. Findings and Recommendations Section A: The legal basis for detention Finding 1: The continued justification for detention without judicial supervision Article 4 of the International Covenant on Civil and Political Rights (ICCPR) states clearly that derogations of rights guaranteed under the Covenant must be strictly limited to those required by the exigencies of the situation. Both the procedures under the state of emergency and the recent amendments to the Law on the Suppression of Organized Crime include provisions for extended periods of detention without adequate judicial supervision. These are clearly not in conformity with the international human rights standards, notably Article 9(4) of the ICCPR and Article 5(4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The commentaries and case law indicate that detainees may be held without judicial supervision for a few days as an absolute maximum, even in times of public emergency. The Delegation found that the justification for the continued detention of individuals without judicial supervision was unclear in many cases, particularly as many individuals had not been subject to any form of questioning for many days and that much time has passed since the initial emergency following the assassination. Some, who had been in detention for several days, reported that they had not been questioned at all. With the ending of the state of emergency, which has occurred since the visit, all derogations to the right to be brought promptly before a judge are to be considered invalid and therefore detention without charge is no longer permissible. Therefore the detainees must be either charged with a criminal offence or released in accordance with Article 9 of the ICCPR. The Delegation was particularly concerned that the combination of detention without judicial supervision combined with some of the other findings given below meant that human rights violations were being compounded or exacerbated by a combination of these factors. Recommendation 1: Re-examine, on the basis of the facts of each case, whether the conditions continue to warrant the detention of each individual detained since the state of emergency was introduced (including those detained under the amended Law on the Suppression of Organized Crime). Ensure that detainees are either released or charged with a criminal offence and kept in further detention only on the basis of judicial decisions. These decisions should be subject to regular review. Finding 2: Information about status and rights for detainees; access to counsel; procedures for considering appeals International standards as well as the principles established in the Constitutional Charter of the State Union and the Code of Criminal Procedure emphasize the rights right of detainees to be informed of their status and rights as well as being given access to legal counsel to protect their interests. The state of emergency suspended or restricted a number of rights relating to communication with the outside world including visits by families and communication with legal counsel. While some of these restrictions may be justified as exceptions required by the exigencies of the situation, applied on a case-by-case basis and for short periods, they appear instead to have been applied on a group basis or in an arbitrary way and often for extended periods. The Delegation found that many detainees were unclear about their status and rights. There appeared to be no systematic process to ensure that detainees were informed of their right to challenge detention under the state of emergency order. The confusion about their status, rights, and possibilities for communication extended to detainees who had passed to detention on judicial orders or on the orders of the Special Prosecutor. Recommendation 2: Carry out a systematic process of informing all detainees of their status and rights. This should include, inter alia, particular attention to those who were initially detained under orders issued under the state of emergency, but are now passing into other forms of detention. Ensure that all detainees are given immediate access to legal counsel. Finding 3: Appeals procedures At least one detainee was informed in writing that he had to submit any appeal within 12 hours of receiving the decision on his detention. No effective deadlines existed for ruling on appeals; at least one detainee received the negative decision around the 30th day of his 30-day detention. The processes for communicating between detainees and the authorities were not transparent in ensuring adequate recording and issuing receipts for communications. The Delegation also felt that a review by the Minister of Internal Affairs was not a sufficiently independent mechanism. The Delegation is concerned that these problems persist for detainees held under the provisions of the amended Law on the Suppression of Organized Crime. Recommendation 3: Introduce judicial supervision of all detainees immediately. Introduce a clear and consistent procedure regulating the process of allowing detainees to appeal against detention, ensuring that there are no temporal limits on the detainees' right to appeal and that all appeals are ruled upon and communicated to the individual concerned within 24 hours. Finding 4: Arbitrary factors controlling conditions of detention The Delegation found that the applicable rules governing detainees conditions of detention were not clear and that they depended in part on individual decisions by the prison authorities. This was particularly problematic as these decisions and the procedures applied appeared variously to influence the detainees' possibilities to obtain medical supplies or sanitary items and to communicate with families and legal counsel. Recommendation 4: Ensure that the law and regulations applied do not introduce arbitrary factors which affect the possibility of detainees to obtain access to counsel or restrict other rights. Section B: Conditions of detention Finding 5: Police facilities unsuitable for extended detention The Delegation found that the facilities in the police station it visited were unsuitable for anything other than short periods of detention and were not suitable for overnight stays. The reasons for the unsuitability included, inter alia, the lack of beds for each detainee and of any blankets or mattresses; inadequate provisions for food and medical care; and inadequate lighting and ventilation. All these are requirements contained in the Standard Minimum Rules of the Treatment of Prisoners (SMR) and the European Prison Rules (EPR). SMR Rule no. 19 and EPR Part II, Rule 24 offer specific guidance in this. The Delegation was concerned to learn that some detainees have been in the Central Police Station in these conditions for up to six or seven days. Recommendation 5: Ensure that detainees are kept in police detention facilities for as short a period as possible and are not used to detain prisoners for overnight stays. Finding 6: The conditions of detainees kept in isolation in the Belgrade Central Prison were unacceptable The Delegation saw that most prisoners kept in isolation at the Belgrade Central Prison are kept in small, badly lit cells with poor lighting and ventilation. It also learned that most were denied exercise and were kept in the cells all the time and were taken out infrequently and mainly for the purpose of questioning. The cumulative and combined effects of the underlying illegality of extended periods of detention coupled with the substandard conditions of detention for many detainees amounts to degrading punishment or treatment which is incompatible with Article 3 of the Convention against Torture and Other, Cruel, Inhuman or Degrading Treatment and Punishment (CAT), Article 3 of the ECHR and Article 7 of the ICCPR. The Delegation noted that the increased population at the prison also appeared to decrease the possibility for exercise for all prisoners. It noted that the 2001 assessment found that the exercise facilities in the Belgrade Central Prison were already inadequate for the then population of some 400 detainees and the exercise periods too short. The current population is reported to be more than 1,000. Recommendation 6: Ensure that all prisoners are allowed adequate exercise of at least one hour per day and that other steps are taken to improve the conditions in the isolation cells in the Belgrade Central Prison. Finding 7: Procedures for registering complaints During the visit to the Belgrade Central Police Station and the Belgrade Central Prison the Delegation was briefed about the procedures in place to submit complaints to internal or external control bodies. The procedures within the prison which were described to and seen by the Delegation represented a very centralised approach to the airing of complaints. They seemed to be an inadequate guarantee and did not provide for independent and transparent analysis of complaints. The inadequacy of the current method was also reflected in the poor confidence of the detainees in the effectiveness of the internal investigations. This concern seems particularly relevant as during the visit, the Delegation heard allegations or saw indications of torture or ill-treatment during arrest concerning two detainees. It was unable to verify in full the veracity of these allegations, but the Delegation considers it important that detainees are able to report any such allegations with confidence in seeing their complaints promptly addressed. The Delegation also heard accounts of forms of questioning and pressure during interrogation which would appear to be inappropriate, particularly when they involve young women. Recommendation 7: Improve the possibilities for detainees to communicate with the relevant authorities concerning their conditions of detention and develop a long-term plan of revision of the internal control systems in both the police and prison systems. Any allegations of ill-treatment should be subject to prompt and proper investigation with the invocation of appropriate criminal and/or disciplinary proceedings against the officials concerned. Finding 8: Proportionality of the measures applied to each detainee The Delegation found that the physical conditions of detention and the possibilities to communicate within the prison or the outside world varied enormously. There appeared to be no clear rationale as to why certain measures were applied in general or in individual cases. As indicated in finding 4, there appeared to be elements of arbitrariness and a lack of transparent regulations and guidelines. Recommendation 8: Re-examine on an individual basis whether the measures applied, such as detention in isolation, are proportionate and justifiable in each case. Ensure that the decisions on the application of these measures are subject to regular review in each case. Finding 9: Health and medical provisions A number of prisoners kept in isolation complained of inadequate medical and provision, including difficulties in obtaining the necessary medicines, items for personal hygiene and clean clothes. They also complained that they were unable to communicate to their families their state of health and learn of the health of their relatives. Some detainees were not confident that they had prompt access to doctors or doctors who were familiar with their existing medical conditions. Partial or incorrect information about the health or aspects of the situation of has reached the relatives of detainees either through media reports or word of mouth. In some cases they allege that they heard information officially. The Delegation would draw attention to Rules 25 and 62 of the SMR and Rules 29-62 in Part II of the EPR Part II which provide more guidance on provisions for medical care and SMR Rule 15 and EPR Part II, Rule 20 which describe the requirements necessary to ensure personal hygiene. If requested, an organization such as the International Committee of the Red Cross should be able to address these needs. Recommendation 9: Improve access to medical care and provision of clean clothes, personal hygiene items and facilities. As an additional safeguard, invite the assistance of an independent organization with capacity to address the medical and hygienic and related needs of the detainees and allow the possibility of communication with their families. /Ends United Nations Office Of The High Commissioner For Human Rights, Serbia And Montenegro Organization for Security and Co-operation in Europe Mission to Serbia and Montenegro *** * Footnotes and Further Reading Follow Fundraising Appeal * ============================================== In order to assist in President Milosevic's defense, we must pay phone bills, travel expenses, and operational costs for our office and legal work in the Netherlands. For this we depend entirely on those who care about President Milosevic's attempt to tell the truth at The Hague. ** Here is how to make a donation ** * Donate at our secure server. Go to https://emperor.securesites.com/transactions/icdsm.php * Mail a check. Please make payable to
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over the phone. Call us at: * Donate using PayPal. Go to Thank you! =================================== Footnotes and Further Reading =================================== [1] David Binder reported on the Balkans for the New York Times during the 1980s. His articles document the reality of anti-Serbian terror in Kosovo during this period. One of the most important is, 'Yugoslavs Seek To Quell Strife In Region Of Ethnic Albanians,' which can be read at http://www.icdsm.org/more/1980s.htm [2] David Binder, MSNBC, "‘Shock and awe’ in turbulent Serbia A crackdown on assassination suspects targets opposition politicians as well" http://www.msnbc.com/news/911513.asp Subscribe to the ICDSM
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