Doc. 8210

23 September 1998

Human rights violations in Kosovo

Opinion1

Committee on Legal Affairs and Human Rights

Rapporteur: Mr Cevdet Akçali, Turkey, European Democratic Group

I. Introduction

1.        Since January 1998, the Assembly has debated and adopted resolutions and recommendations on the situation in Kosovo no less than four times, three times under the rules of urgent procedure1. While the Committee on Legal Affairs and Human Rights, in general, agrees with the content of the texts adopted (Resolution No. 1146 (1998), Recommendations Nos. 1360 (1998), 1368 (1998), 1376 (1998)), the Rapporteur feels that there has been scant mention of the rampant violations of human rights and humanitarian law in Kosovo, perpetrated by both sides involved in the conflict, but especially by the Serb forces. The adopted texts also contain far too few suggestions as to how to ameliorate the human rights situation in Kosovo.

2.        In the Rapporteur’s opinion the Assembly should not ignore the human rights violations in Kosovo, even when it is mainly dealing with the crisis in Kosovo as a political issue. An organisation like the Council of Europe, based on respect for human rights, democracy, and the rule of law, cannot limit itself to political recommendations while pregnant women are being butchered as alleged terrorists, children die of injuries incurred during bombing raids, and anyone who dares to speak up against the Serb regime is detained, more often than not, “to disappear” later – or to die from torture.

3.        For this reason, the Rapporteur takes the opportunity of giving this opinion on the crisis in Kosovo to highlight the terrible human rights situation in the region. This opinion will neither deal with the plight of refugees and displaced persons (which are covered by the report of the Committee on Migration, Refugees and Demography), nor will it discuss the political situation. It is the Rapporteur’s aim to paint an accurate picture of the current human rights situation in Kosovo, and to make specific suggestions (in the form of amendments to the text proposed by the Political Affairs Committee) to ameliorate the situation. In the preparation of this opinion, the Rapporteur has taken account of reports from the following NGOs and international organisations: UNHCR, Amnesty International, Human Rights Watch, the International Helsinki Federation for Human Rights, and (to a lesser extent) the Council for the Defense of Human Rights and Freedoms in Prishtina.

II.       Violations of human rights and of humanitarian law perpetrated by the Serb forces

4.        Unfortunately, the reported violations of human rights and of humanitarian law perpetrated by the Serb forces are far too numerous to be portrayed here in any detail. In this opinion, the Rapporteur has thus concentrated on events since the last Assembly debate in June 1998. For details on events before that time, the Rapporteur would refer interested readers to the ample documentation available from the NGOs and international organisations listed above. In this chapter the emphasis will be on violations of international humanitarian law, alleged crimes against humanity, human rights violations in police custody, and restricted access for humanitarian agencies and international organisations, perpetrated by the Serb forces.

5.        On violations of international humanitarian law: The 1949 Geneva Conventions for the Protection of Victims of War and its Protocols prohibit attacks on the civilian population, even in internal conflicts (i.e. civil wars). The Serb forces, police and other, have repeatedly, indeed nearly systematically, violated the provisions of these important legal texts. In one incident in August 1998 alone, eleven Albanian civilians, including eight children, died when a tank grenade hit a tractor loaded with internally displaced persons; in another incident, three Albanian representatives of the Mother Teresa humanitarian organisation were also killed when gunfire hit their tractors carrying crates of food. During the Serb forces offensive this summer, civilian casualties are reckoned to have been high, e.g. in flashpoints such as Rahovec/Orahovac, Malisheva/Malishevo and Junik. Casualty figures are notoriously unreliable, but are estimated in the hundreds for civilians by non-governmental organisations. Confirmed civilian casualties include women (including heavily pregnant women), children, and the elderly - victims of indiscriminate Serb attacks (rounds of mortar and artillery fire), or of deliberate attacks (targeted individually or in groups by Serbian police guns, including at close range or by snipers). In addition, many civilians seem to have simply “disappeared”; they are feared to have been abducted and killed by Serb forces2. The Serb forces have also engaged in hostage-taking: According to the UNHCR Belgrade office, in mid-September 1998 the Serb authorities were holding 400 Albanians hostage. Furthermore, the Serb forces seem now to be implementing a “sanitised” form of ethnic cleansing, i.e. the destruction of real estate (shelling, burning and looting of civilian houses), thus leading to a great number of homeless, internally displaced persons and refugees.

6.        On crimes against humanity: There are allegations of mass killings of civilians in Klecka and Rahovec/Orahovac, where mass graves are said to have been uncovered (these allegations have not yet been independently confirmed). In the latter case, the Serb forces are alleged to have engaged in a reprisal and punitive action against Albanian civilians after the take-over of the town. The Council for the Defense of Human Rights and Freedoms in Prishtina reports that, during street fighting, Albanian civilians were tied to electric poles as human shields for Serb forces. Two people were reportedly seen hanging from electric poles, several others massacred with their throats cut and their eyes removed, while others were reported to have been run over by armoured personnel carriers and tanks. In the absence of independent human rights monitoring, it is impossible either to confirm or to deny these allegations of war crimes. There are also allegations of possible extrajudicial executions in and around the Halveti dervish tekke and the Kadiris mosque in Rahovec/Orahovac, where Serb police forces are reported (by several eyewitnesses) to have fired into a group of refugees (including women and children) leaving the shelter of the tekke (seminary) of the Halveti religious order, killing many of them. Later on in the day, the 76-year old religious leader of the order was apparently also shot dead by the Serb police at close range.

7.        On human rights violations in police custody: In July and August 1998 alone, two ethnic Albanian detainees, Mr Rexhep Bislimi and Mr Cen Dugolli, died in custody in Kosovo, allegedly after police torture. The exact number of people in police custody in Kosovo is not known (the charges are usually terrorism, resulting in long prison sentences if convicted). The NGO Amnesty International (AI) puts the number at 350; it describes allegations of torture and ill-treatment in custody as “routine” in Kosovo. AI alleges that torture and ill-treatment in custody are methods frequently used to obtain confessions or incriminating statements from detainees, and that again and again convictions have been based on such statements, even when the defendants retracted them in court, and where there has been little, if any, other evidence to support the charges. Families of the detained sometimes do not learn for many days, or longer, where their relatives are held, and some people have simply “disappeared”. It is unclear how soon, or indeed whether at all, the detainees are granted access to a lawyer.

8.        On restriction of access for humanitarian agencies and international organisations: Humanitarian agencies such as the ICRC or UNHCR have repeatedly complained of lack or restriction of access to flashpoints in the Kosovo conflict. The Serb forces are often not allowing the establishment of humanitarian corridors, and are prohibiting or hindering the independent investigation of alleged human rights abuses and war crimes (for example, the town of Rahovec/Orahovac was cordoned off by the Serb forces for four days). This confirms the suspicion that the Serb authorities have something to hide (e.g. mass graves of civilians), besides contributing to a further deterioration of the humanitarian situation.

III.       Violations of human rights and of humanitarian law perpetrated by the “Kosovo Liberation Army”

9.        The “Kosovo Liberation Army” (KLA) is also reported to have engaged in violations of human rights and international humanitarian law, especially in attacks on Serb positions and hostage-taking. In 1997, the KLA was apparently responsible for a number of such attacks, mostly in the form of car bombs, which targeted Serb police barracks and vehicles. This summer, the KLA seems to have switched more to hostage-taking: Different KLA groups are reported by the International Helsinki Federation for Human Rights to have taken and detained some 52 civilians as prisoners-of-war or hostages this summer, although they are known to have turned over 35 Serb detainees to the ICRC after two days of detention. According to the UNHCR Belgrade office, in mid-September 1998 the KLA was still holding 122 Serbs hostage. The KLA also stands accused of having abducted people, some of whom remain “missing” and are presumed or feared killed3.

IV. Possible contribution to solving the crisis by the Kosovo “parliament”

10.        The Kosovo “parliament”, which was elected in March 1998, held a first sitting in July 1998 in Prishtina. Serb police forced them to disperse, but did not resort to violence in doing so. Apparently, the “parliament” had little time to decide on any concrete actions, except to affirm its will to establish democratic institutions in Kosovo. The Kosovo “parliament” could make a valuable contribution to solving the crisis, since it can act as an umbrella organisation in which both Mr Rugova, the opposition parties and the commanders of KLA are represented. The Kosovo “parliament” could thus become a forum for inter-Kosovan dialogue, and could help the Kosovo people to speak with one voice in future negotiations, since Mr Rugova’s power is being increasingly put into question.

11.        It is true that the legitimacy of the Kosovo “parliament” might be contested on legal grounds. In this case, a new election to such a legislative regional assembly could be held under the observation of the international community. During a visit of a Western European Union (WEU) Sub-committee to Macedonia and Albania in which the Rapporteur took part, the President of Macedonia agreed that convening the Kosovo “parliament” would contribute to solve the Kosovo crisis, although, unfortunately, it had been left rather late. During a meeting with the President of Albania, he confirmed that the meeting of “parliament” in July was a positive step towards solving the Kosovo crisis. The Assembly should thus encourage the Kosovo “parliament” to meet on a regular basis, as a possible contribution to solving the crisis.

V. Conclusions

12.        In view of the terrible human rights violations outlined above, committed – with impunity – by both sides, the Assembly cannot limit itself to a one-line condemnation of human rights violations in its Recommendation; neither should it use euphemisms such as “operations affecting/ or harmful to/ to civilian population” for outright violations of human rights and humanitarian law such as indiscriminate, and sometimes direct, attacks on civilians by the Serb forces. The Assembly, as the Council of Europe’s democratic conscience, should not be afraid to call a spade - a spade, and murder – murder.

13.        In addition to political recommendations, the Assembly should demand that the Federal Republic of Yugoslavia:

14.        The Assembly should demand that all armed opposition groups in Kosovo, including the Kosovo Liberation Army:

VI. Suggested Amendments

Amendment A:

After paragraph 1, insert the following new paragraph:

“The Assembly deplores the rampant violations of human rights and humanitarian law, committed with impunity in Kosovo by both sides involved in the conflict, but especially by the Serb forces. In particular, it condemns the indiscriminate, and sometimes direct, attacks on civilians by the Serb forces, which are outlawed by the 1949 Geneva Conventions for the Protection of Victims of Wars and its Protocols, as well as hostage-taking on both sides, which is also prohibited by these legal texts.”

Amendment B:

After paragraph 1, insert the following second new paragraph:

“The Assembly is concerned about allegations of crimes against humanity reportedly carried out by the Serb forces, such as alleged mass killings of civilians and reported extrajudicial executions, and a possible policy of starvation of civilians. It is further concerned about a possible policy of mass detention of civilians by the Serb authorities, and alleged torture and ill-treatment in Serb police custody.”

Amendment C:

After paragraph 3, insert the following new paragraph:

“The Assembly insists that the Federal Republic of Yugoslavia:

Amendment D:

After paragraph 3, insert the following second new paragraph:

“The Assembly further insists that all armed opposition groups in Kosovo, including the Kosovo Liberation Army:

Reporting Committee: Political Affairs Committee

Committee for opinion: Committee on Legal Affairs and Human Rights

Reference to Committee: Resolution 1133 (1997)

Opinion adopted by the committee on 23 September 1998

Secretaries to the Committee: Mr Plate, Ms Coin and Ms Kleinsorge

1 See Doc 8204.