94
Concerns in Europe: January - June 2001
AI Index: EUR 01/003/2001
Amnesty International September 2001
Resolution 1244/1999, which authorized the presence
of UNMIK and the Kosovo Force (KFOR) in Kosovo.
On 15 May the SRSG promulgated Regulation 2001/9
which established the Constitutional Framework for
Provisional
Self-Government
in
Kosovo
(Framework), and pending a final settlement on the
status of Kosovo. The Framework provides for the
election of a new Kosovo Assembly and sets out the
procedures, powers and responsibilities to be observed
and enjoyed by the new institution. Inter alia, the
Framework makes provision for the enjoyment, “of
human rights and fundamental freedoms by all
persons in Kosovo” and charges the Provisional
Institutions of Self-Government with both the
observation of international standards, and the duty of
ensuring their enjoyment. The Framework also makes
provision for the representation of minority
communities in the elected Assembly (20 of the 120
seats are allocated to minorities: 10 to the Kosovo
Serbs and a further 10 divided between the Roma,
Ashkali and Egyptiani, Bosniak, Turkish and Gorani
communities) and for the enjoyment of social,
economic and cultural rights by members of all
communities. The SRSG retains certain executive
powers, most notably over the international judiciary,
law enforcement, defence, civil emergency and
security issues, and as well as responsibility for
external relations. The authority and mandate of both
the SRSG and of KFOR, derived from UN SC
Resolution 1244/1999 remain unchanged.
Two of the three ethnic Albanian members of the
Interim Administrative Council (IAC) - Ibrahim
Rugova of the LDK (Democratic League of Kosovo)
and Ramush Harandinaj of the AAK (Alliance for the
Future of Kosovo) - expressed support for the
Framework. However, they - along with the third
member - PDK (Democratic Party of Kosovo)
President Hashim Thaçi, who refused to sign the
document - criticised the document for failing to make
provision for a referendum, or other mechanism to
resolve the long-term status of Kosovo. Following
limited participation in the working group by
representatives of the Serb community in Kosovo,
Rada Trajkovi
, Kosovo Serb member of the IAC,
while
signing
the
Framework,
declared
it
unacceptable, but unlike other Kosovo Serb leaders
did not rule out Serb participation in the elections for
the new assembly. The lack of concordance on the
agreement
raised
concerns
for
the
future
implementation of the Framework, and in particular
the provisions related to the rights of minorities and
the right to return.
Throughout the period, the presence of armed
opposition groups - in southern Serbia until May, and
in Macedonia from February onwards - impacted on
the internal security of Kosovo. Former members of
the disbanded Kosovo Liberation Army (KLA) were
alleged to have joined the National Liberation Army
(NLA) in Macedonia, and Kosovo was believed to be
used as a supply-base by the NLA.
The Rule of Law and the Administration of
Justice
AI remained concerned that the rule of law and a
comprehensive framework for the administration of
justice which is compatible with international human
rights standards had not been fully established.
With the aim of strengthening the rule of law and
the administration of justice on 18 May 2001 the
SRSG authorized the establishment of a new Peace
and Justice “pillar” within UNMIK. The new
structure, which takes over functions previously the
responsibility of the Civil Administration pillar,
brings together the police, security and justice
functions of UNMIK. Acknowledging the potential
for abuses of human rights in an organization which
includes both international and domestic police forces
and the Department of Judicial Affairs, UNMIK stated
that they aimed to ensure that the independence of
both police and judiciary were maintained. Inter alia,
the new pillar aims to increase the numbers and
capacity of both the Kosovo Police Service and of
judges and prosecutors in the Kosovo courts, and
expand both detention and penal facilities, providing
international funding is available. Further measures to
address weapons possession, terrorism law and to
combat organized crimes were also announced.
AI had previously expressed concerns at the
increase in trafficking in women into Kosovo for the
purposes of prostitution, and welcomed the
promulgation of Regulation 2001/4 which provides
for the prosecution of those involved in the
organization and activity of trafficking, and for the
prosecution of those persons who knowingly used
trafficked women for sexual services. AI is concerned,
however, that the measures introduced for the
protection of trafficked women required to appear as
prosecution witnesses in proceedings against
suspected traffickers appear to be inadequate, and that
the policy of repatriating trafficked women as quickly
as possible - in conjunction with the International
Office of Migration - could lead to impunity for the
perpetrators.
Despite
the
appointment
of
international
prosecutors and judges to the Kosovo courts, the
administration of justice in Kosovo continued to fall
short of international standards. From cases of
unlawful pre-trial detention and breaches of criminal
procedure, the administration of justice failed to be
conducted in a manner consistent with international
human rights standards.
War Crimes Trials
Nine criminal proceedings were conducted against
Serbs suspected of war crimes or genocide during this
period in the Kosovo Courts. AI was concerned that
some of the proceedings, including some presided
over by international judges, failed to meet
international fair trial standards.
Administrative Detentions
AI continued to express its concern that Hans
Haekkerup, the SRSG, continued the practice of
issuing
Executive
Orders
to
authorize
the
administrative detention of suspects. In February, AI