U.N. Commission on Human Rights, Report of the Special Rapporteur on torture and cruel, inhuman or degrading treatment or punishment, U.N. Doc. E/CN.4/1994/31 (1994)(Nigel Rodley, Special Rapporteur).


Information transmitted to the Government and replies received

632. On 18 November 1993 the Special Rapporteur brought to the attention of the Government of the Federal Republic of Yugoslavia information he had received regarding the case of Vuk Draskovic, President of the Serbian Renewal Movement, and his wife Danica Draskovic, reported to have been severely beaten following their arrest by the police in Belgrade on 1 June 1993. A team of professors from Belgrade University Medical Faculty reportedly examined them in the week beginning 14 June and concluded that Vuk Draskovic was suffering from headaches, disrupted balance, amnesia and impaired hearing, all pointing to brain and skull damage, which did not preclude the possibility of further complications. They also concluded that Danica Draskovic had suffered injury to her spine, and that in both cases injuries had been inflicted by repeated powerful action with a blunt mechanical instrument. They were released from custody on 9 July 1993. However, because of their poor medical condition they remained in the neurological clinic in Belgrade.

633. On 14 December 1993 the Government replied that those members of Mr. and Mrs. Draskovic's family who had visited them had not stated that they had been seriously injured or that they had objections to their medical or any other treatment.

634. On 13 October 1993 the Special Rapporteur sent un urgent appeal concerning Muhamet Hamiti, a writer and professor, who was arrested by the police in Pristina, Kosovo, on 12 October 1993 at around 11 a.m. after leaving a private house where he had been giving a class. In view of reports received indicating that students and teachers of Albanian origin were frequently arrested for short periods of time and subjected to torture or ill-treatment while being interrogated, fears were expressed that Mr. Hamiti might be subjected to this kind of treatment.

635. With respect to this case the Government replied on 4 November 1993 that no criminal or torts proceeding had been brought against a person named Muhamet Hamiti and that nobody by this name had been detained in the district prison since 12 October 1993.

Information received from the Government on cases included in previous reports

636. On 19 January 1993 the Government provided the Special Rapporteur with information on the cases referred to in the following paragraphs, which had been communicated to it on 21 August 1992.

637. Marco Mikela, a lawyer, died after he was arrested on 31 October 1991 while leaving Pec for the village of Sutpe. According to the Government, the traffic patrol on the Pec-Stupe road stopped the car Marko Mikela was in, on 31 October 1991. When asked to produce identification he refused and injured a policeman, then he tried to seize an automatic gun from one of the police who pushed him to the ground. He received a few scratches and bruises. At the police station, Marko Mikela became sick and was immediately taken to the neurosurgery clinic in Pristina, where he died on 11 November 1991. The doctor who performed the autopsy on him, stated that Mikela had died from natural causes. The police used force against Marko Mikela and the other passenger in his car, trying to repel their attack. No force was used against them in the police station.

638. Ali Hadzija, a refugee from Albania living in Kosovo, died on 25 November 1991 after having been arrested by the police and taken to Urosevac. According to the Government, he was arrested under an order issued by the municipal court for petty offences in Urosevac. The next day he was taken to the district prison in Pristina where he died. The Forensic Institute of the Medical School in Pristina carried out an autopsy and found that he had died of a heart attack. When he was detained in the district prison, Ali Hadzija said nothing about his health condition.

639. Rifati Redzep, a journalist of the Bujku magazine, and Selim Djizimi, principal of the elementary school in the village of Kamena Glava near Urosevac, were reportedly tortured in November 1991 at the police headquarters in Urosevac. According to the Government, they were brought to the police station because they organized the celebration of the National Day of Albania in the "Fazli Obradza" elementary school in Kamena Glava. The celebration was opened by playing the Albanian national anthem. The song sung and the verses read had nationalistic and hostile connotations. During the proceedings, Selim Djazimi was sentenced to 40 days' imprisonment for organizing the celebration, while Redzep Rifati was only interrogated. The allegations concerning the use of force against these persons were completely unfounded.

640. Rustem Sefedini was allegedly severely beaten by the Urosevac police in October 1991. According to the Government, the allegations about physical ill-treatment were false. He was brought to the police station for having organized a protest of students, their parents, teachers and other people of Albanian origin against the school programmes. The municipal magistrate sentenced him to 60 days in prison for organizing an unauthorized rally, disparaging the authorities and disturbing citizens.

641. Ismet Krasnici was reportedly beaten at the police station in Pec on 29 January 1992. According to the Government, Mr. Krasnici and a group of ethnic Albanians forcibly entered the lobby of the "Dzemal Kada" elementary school in Pec and interrupted the classes in the Serbian language by shouts and noise. Mr. Krasnici insulted and tried to assault physically the principal. No force was used against him. He was being tried for a misdemeanour offence.

642. Avdimetaj Amrusen was reportedly beaten by the police in Pec in October 1991. According to the Government, he was interrogated because he allegedly organized a school in the Albanian language at his home without permission. A group of students were found at the house on 3 October 1992 by the police, but no force was used against any of them.

643. Enver Sinani was reported to have been beaten at the police station in Magura on 3 January 1992. According to the Government, Mr. Sinani was interrogated by police about the illegal possession of a weapon. He afterwards voluntarily handed over his gun and bullets. Proceedings were instituted against him. No force was used.

644. Daut Krasnici, a student from Vranovci near Pec, was reported to have been beaten by police in October 1991. According to the Government, he was stopped in the street in Pec by police who asked for his identity card. He refused to produce it and was rude. He was sentenced to 20 days' imprisonment for a disdainful attitude towards the police.

645. Muja Faruk, aged 12, was reported to have been beaten by police in Magura in April 1991. According to the Government, he was brought to the police station in February 1992, on suspicion of having committed the criminal act of grand larceny. He was released immediately after his arrest. No force was used against him.

646. Mentor Kaci, Sokolj Dobruna and others were reported to have been ill-treated in Pec prison in December 1991. According to the Government, they were members of the clandestine hostile organization "Resistance and National Liberation Front of Albanians" ("National Front of Albanians"). They were interrogated by the police and charges were filed against them. They were then brought before the examining judge of the district court in Pec. As for the allegations of their physical mistreatment, the infirmary records of the District Court in Pec registered the treatment of these patients for sore throats and similar health problems.

647. Zenun Djeljaj and Ibrahim Osamni were reported to have been arrested on 20 June 1992 at the police check point just outside Peja. According to the Government, they were stopped by police in a regular traffic control on the Pec-Pristina highway. Some propaganda materials glorifying Albania, ridiculing the Serbian leadership, advocating the idea of establishing the "Republic of Kosovo", etc., were found in their car. After interrogation at the police station, they were released. They were not subjected to any force.

648. The Government also reported that no information was found in official records on measures taken against the following persons: Ali (Redzep) Kadrijaj from Restovici near Decani; Fadil Kraljani from Pec; Jasar Salihadziaj from Radovici near Pec; Mirtzaj Bajramu from Pec; and Avdi Ulaj from Pristina.


649. During the period under review, the Special Rapporteur has received very little direct information on torture in the territory of the former Yugoslavia. Since the appointment in August 1992 of Mr. T. Mazowiecki as Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia, the information received has been processed by his staff in Geneva and Zagreb and has been reflected during 1993 in the reports contained in documents E/CN.4/1994/3 of 5 May 1993; E/CN.4/1994/4 of 19 May 1993; E/CN.4/1994/6 of 26 August 1993; E/CN.4/1994/8 of 6 September 1993 and E/CN.4/1994/47 of 17 November 1993. This was done both to avoid duplication of efforts and to ensure a comprehensive approach to the former Yugoslavia, as well as to make optimum use of the expertise that the case requires. On the other hand, with respect to Bosnia and Herzegovina the Special Rapporteur's usual procedures for communicating allegations to the Government concerned cannot usefully be applied to a country where it is estimated that two thirds of the territory are not under the control of the recognized Government.

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