Concerns in Europe: January - June 2001
91
Amnesty International September 2001
AI Index: EUR 01/003/2001
FRY citizens - would be arrested and transferred to the
Hague. The first - and to date, the sole - such arrest -
took place on 23 March, when Milomir Staki
, former
mayor of Prijedor, was arrested and subsequently
transferred to the Hague on 28 March.
On 1 April former President Slobodan Miloševi
was arrested by Serbian special forces at his home in
Belgrade, and charged with corruption and abuse of
power under applicable domestic law.
Against a background of increasing financial
pressure from the EU and particularly the USA, in
advance of the donors conference due to take place on
29 June - at which a $1.25 bn aid and reconstruction
package to the FRY was to be agreed - the government
decided to present the bill on cooperation with the
Tribunal to the Federal Parliament in the week ending
22 June 2001. It rapidly became apparent to the
government that the bill would not be passed by the
parliament - primarily due to opposition from the
Montengrin SNP; consequently, and by-passing the
parliament, on Saturday 23 June the Federal
Government adopted the bill by decree. On Monday
25 June, lawyers acting for Slobodan Miloševi
lodged an appeal against its constitutionality; on
Thursday 28 June, the day before the donors
conference was due to take place, the Constitutional
Court decided to freeze the decree until they could
establish whether it was constitutional or not.
Ignoring the ruling of the Constitutional Court,
the Serbian authorities, lead by Prime Minister Zoran
Djindji
, immediately took steps to transfer Slobodan
Miloševi
to the Hague before the 29 June deadline,
and on the evening of 28 June, the former
President
was transferred by helicopter to the US base at Tuzla,
from where he was flown to the Hague. The same
evening, the FRY President Vojislav Koštunica
appeared on national television where he publically
denied that he had been informed of the plans to
transfer the former President, describing the transfer
as “neither legal nor constitutional”. The following
day, Zoran
i
i
,Prime Minister of the FRY - and
deputy leader of the Montenegrin SNP - resigned in
protest at the transfer, precipitating a crisis in the
Federal Government.
AI welcomed the transfer of Slobodan Miloševi
to the custody of the Tribunal, but was concerned that
no progress was made on the transfer of those co-
indicted with the former President - Serbian President
Milan Milutinovi
; former Serbian deputy prime
minister Nikola Sainovi
; chief of staff of the VJ
during the Kosovo conflict, Dragoljub Ojdani
, and
former Serbian minister of internal affairs, Vlajko
Stojiljkovi
.- or other indicted suspects remaining at
liberty in the FRY.
Domestic trials
Investigations and proceedings under domestic law
for crimes allegedly committed by the police and the
army in Kosovo were initiated by both civil and
military courts.
On 12 May, Vukadin Milojevi
, president of Niš
Military Court confirmed that 193 military personnel
- mainly reservists - had been indicted for crimes
committed against the civilian population in Kosovo
that “caused the death or jeopardized the lives and
security of people, their dignity or morale, as well as
their property” between 1 March 1998 and 26 June
1999. Six VJ reservists have also been accused of war
crimes under domestic law, and their cases referred to
civilian courts for trial; similar charges against an
officer were reportedly dropped after investigation. In
an increasingly acrimonious dispute between the
military and the police, General Nebojša Pavkovi
,
commander of the VJ in Kosovo during the 1999
NATO air strikes, has repeatedly denied the
involvement of the army in any abuses of human
rights or war crimes.
Sreten Luki
, former commander of the Serbian
police force in Kosovo, was controversially appointed
as Serbia’s deputy Interior Minister for public security
(the head of Serbia’s police force) on 20 January. In
May he announced that 66 police officers and police
reservists had been charged with murder, theft, arson
and armed robbery committed during the Kosovo
conflict in 1999, and that a further 244 police officers
or reservists had been arrested and remanded for 30
days in connection with offences against ethnic
Albanians.
Identity-based Violations
On 11 May 2001 the FRY acceded to the Council of
Europe's Framework Convention for the Protection of
National Minorities (FCNM); a law on national
minorities - yet to be presented to the Federal
Parliament - was also in the process of being drafted
by Rasim Ljaji
, the Federal Minister of National
Minorities and Ethnic Communities throughout this
period.
Reports of racist incidents occurred throughout
the period: in February leaflets bearing a Nazi
swastika were stuck onto the door of the Belgrade Rex
cinema, where an exhibition on the history of Roma in
Belgrade was being shown; similar leaflets were also
posted on a synagogue and a Jewish municipal
building, and in the Jewish cemetery in Belgrade. The
Centre for Cultural Decontamination in Belgrade
came under a similar attack. In Kikinda, Vojvodina,
anonymous letters making death threats were
reportedly sent to several Jewish families, and the
facades of their houses sprayed with swastikas in
April. In the same month racist flyers produced by a
group calling themselves the Council of Serb
nationalists appeared in Apatin. Antisemitic and racist
graffiti were also reported to have appeared in Novi
Sad in May and in Sombor in June.
Following a complaint made by the Humanitarian
Law Centre (HLC), proceedings took place at Niš
District Court against two skinheads - Oliver
Mirkovi
and Nataša Markovi
- accused of inciting
racial, ethnic or religious hate in an attack on a
15-year-old Roma boy and his father on 8 April 2000
in Niš. Oliver Mirkovi
and Nataša Markovi
were
alleged - along with a minor against whom separate