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11 October 2002 Friday Edition CONTENTS
Aliu: Milan Ivanovic, the scandal
of UNMIK's judiciary (Koha Ditore) In his superficial statement regarding Milan Ivanovic, the justice chief in Kosovo, Clint Williamson, emphasized that justice was functioning in Kosovo. Mr. Williamson made a hasty move by making such a statement because he clearly knows that the decision of his department on the Ivanovic case can make people believe that justice is being ridiculed in Kosovo. Milan Ivanovic handed himself in, was questioned, charged with 'leading a violent demonstration' and then released on bail. The date of his trial hasn't been set. All this happened in less than 24 hours. Williamson never said whether this was a record time for the judicial system in Kosovo, or even farther a field. Milan Ivanovic is the same person who until recently was wanted for wounding UN police officers, and special police units were engaged to arrest him in August. Mr. Williamson's effort to reassure people on a functioning judicial system in Kosovo was further dimmed by Serbian media who knew even before the end of the questioning that Ivanovic would be released on bail on the very same day and that his indictment would be reduced. Mr. Williamson's boss, UNMIK chief Michael Steiner, is either accidentally or intentionally out of Kosovo. He has sent a letter from the west in which he welcomes Ivanovic's surrender but at the same time he doesn't mention the implementation of justice. At the same time, the 'coordinator' for Kosovo, Nebojsa Covic, together with the Kosovo chief administrator, has assured Serb public opinion that everything would be OK with Ivanovic. Even more concerning than Mr. Williamson's effort to reassure us of a functioning judiciary in Kosovo was the ease of executing the political agreement surrounding Ivanovic. UNMIK, including chief Michael Steiner, either believe that Kosovars are too naïve or they think they can try to achieve their goals without taking into account the concerns and opinions of the majority of Kosovars. It is clear that Serb participation in the 26 October elections is important for the international community, which is trying to create multiethnic institutions in Kosovo. However, at a time when we are aiming to stabilize the country, it is painful to see anyone play around with Kosovo justice and, furthermore, to accept a behind-the-scenes agreement with Belgrade. The Ivanovic case can make one suspect other eventual compromises between Steiner and Belgrade on the issue of decentralization, Mitrovica and northern Kosovo, or even on the benchmarks that lead to the status. From the Ivanovic case, we are left to hope that Steiner or some other UNMIK official will not justify the agreement with Belgrade by saying that the 10,000 euros Kosovo got from Ivanovic's bail will be used as aid for teachers on strike. Judging justice (Zëri) The case of Milan Ivanovic, chairman of the 'National Political Council for northern Kosovo', has been so politicized during the past two months that now, after he was enabled to defend himself in freedom, it is impossible to avoid the political scheme of losers and winners. Therefore, it comes out that the biggest loser in this respect is UNMIK chief Michael Steiner, and the biggest winners are Nebojsa Covic and the Serb regime. The official line of Steiner and UNMIK regarding this case, and also other cases where the UNMIK judicial system worked on the cases of important Kosovar personalities, is: Steiner and UNMIK don't have the right to interfere in the work of the court. Regardless of the political consequences, which are almost inevitable when it comes to the legal prosecution of important personalities, Steiner and UNMIK will fully support the court's decision. No one can be above the law. This was the stance that Steiner took in front of Covic during their recent meetings, when the latter persistently asked Steiner to intervene so that they could first reduce the indictment against Ivanovic and then allow him to defend himself in freedom. However, on 9 October, the investigative judge in Mitrovica made a decision which pleased the demands of Covic and the Serb regime: Ivanovic is no longer accused of attempted murder of international police officers, but of organizing violent demonstration in Mitrovica on 8 April. Furthermore, he has also been allowed to defend himself in freedom, even though this case fails to meet three important criteria for allowing someone to defend himself in freedom. First, if proven guilty on the current charges, Ivanovic could be sentenced to ten years in prison, which is a very high punishment to allow one to defend himself in freedom. Second, one is allowed to defend himself in freedom if he/she has no chance of flight. Ivanovic has already escaped justice and he could do this again, because it is no problem for him to move from Kosovo to Serbia. Third, a person is not allowed to defend himself in freedom if he can influence the testimonies of the witnesses who participated in the problematic events. The witnesses who could testify against Ivanovic are Serb citizens who have participated in violent demonstrations. Now it can be supposed that Ivanovic and the Serb regime will 'disable' the appearance of a witness who could testify against Ivanovic. The conclusion in this respect leaves no room for doubt: the decision of the investigative judge is not legally founded and is influenced by the political events of the last weeks. Furthermore, this decision undermines the first charge of the international prosecutor - attempted murder. It might be said that such things happen in most democratic countries, but the damage in this case is huge. Ivanovic is not an ordinary person; his importance among Kosovo Serbs is well known, and if there was no sufficient proof to charge him on attempted murder, then the international prosecutor should never have launched the procedure with such an indictment. Bearing in mind with whom they were dealing, the international system of justice in Kosovo was sure that it had sufficient proof to prosecute Ivanovic when they ordered his arrest. Now it comes out that that was not the case. Or, could it be that this system was influenced, in one way or another, to make the final and problematic decision. We can also leave open the possibility that everything could have been a coincidence, or that we are dealing with a genuinely functioning judiciary. However, we don't believe that there are people who doubt the political consequences of this case. However, if we give it more thought, we would say that Covic and Ivanovic would not show up in the Mitrovica Court if they hadn't previously known the denouement of Ivanovic's questioning or the denouement of his statement to the investigative judge. If Ivanovic had been arrested, Covic wouldn't be able to go back to Belgrade. And in that case it would have been be impossible to have Serb participation in 26 October local elections. Buçpapaj: Mr. Steiner,
there is no southern and northern Mitrovica; there is only one Mitrovica
(Bota Sot) A year ago, Haekkerup and Covic signed the notorious agreement according to which Haekkerup would try to convince the Serbs to participate in 17 November 2001 elections by giving them 10 seats in the Kosovo Assembly, seats which were forcefully taken away from the Albanian electorate, Albanian political parties and the biggest party, LDK. As a consequence of these anti-democratic maneuvers deriving from the Haekkerup-Covic agreement, the post-election period was characterized by an institutional vacuum. After the shameful agreement with Covic, and bearing in mind that he had carried out his anti-Albanian mission, Haekkerup resigned. Almost a year after the notorious agreement of stealing votes, Michael Steiner invited the heads of Kosovar media and, for publicity goals, announced that the time had come to seal Mitrovica's fate through Michael Steiner's "Seven-point Plan"! Due to the fact that Mitrovica represents an Achilles' Heel, "Steiner's Plan" caused curiosity. Furthermore, Michael Steiner tried to turn the "Seven-point Plan" into some kind of an agreement with Covic, which in its content is strangely similar to, and coincides with, the Haekkerup-Covic agreement: 1) Both the Haekkerup-Covic agreement, which aimed to steal the free
vote of Albanians, and Steiner's "Seven-point Plan" were announced
on the eve of elections. This time of the year is not quite appropriate
to announce a peace plan, be it even a "Seven-point Plan". In
order for it to be serious, Steiner should have announced the plan before
or after the elections, and not during the election campaign. However,
similar to Haekkerup, Steiner announced his "Seven-point Plan"
on the eve of the elections in order to caress the Serbs, despite the
fact that two weeks ago Serbs voted in support of the ultranationalist
Vojislav Seselj. Shkëlzen Maliqi: Belgrade
surrenders? (Java Weekly) Five months ago, Serb extremists in northern Mitrovica used force and threw a hand grenade at a crowd of people, thus injuring 20. An arrest warrant was issued and the suspicions were thrown directly at Milan Ivanovic. Being on the run, Milanovic escaped to Serbia, where he felt safe for a certain period of time and had the support of Serbian authorities. However, according to sources, it is known that Ivanovic was accompanied by Serbian Deputy Prime Minister Nebojsa Covic. The handover of the suspect takes place at a delicate time in relations between UNMIK and Serbian authorities. SRSG Michael Steiner, who received full support from the UN, Washington and Brussels, claims that his plan is non-negotiable. Serb leaders such as Oliver Ivanovic have regard the plan as a point blank offer: take it or face the consequences. They think that the plan provided by SRSG Michael Steiner is a total loss for them. SRSG Michael Steiner doesn't even take into consideration Covic's attempt to change the plan. In this respect, it makes one wonder what kind of message Belgrade is trying to send by handing in Milan Ivanovic? Is this the first gesture that proves that Serbia agrees with Steiner's plan? Suppose that Belgrade really advises Kosovo Serbs that they shouldn't have any more illusions about supreme authority in Kosovo. However, the fact that Ivanovic is handed over at the second round of the Serbian presidential elections, where it is expected that Vojislav Kostunica will be triumphant, shows also the proportion of internal conflict between pro-western and anti-western political groups in Serbia. The latest developments, of course, cause confusion and indignation among Kosovo Serbs. However, Deputy PM Djindjic expects full support of a more modern, and more realistic, minority among Serbs in Kosovo. It will be seen after local elections in Kosovo whether the Serbian government made a strategic and a long-term decision about Kosovo, or if they are only playing at manipulating tactics with short-term usefulness. Damages and calculations (Zëri) Second, a KPC official, Ruzhdi Saramati, with the decision of Kosovo Supreme Court was released from jail after a year and a half of imprisonment. Saramati is not the first case to prove the mistakes of the Kosovar judiciary. People were kept for months and years in prison on serious charges finally to be released as not guilty. We are far away, too far, from establishing an authentic judiciary. In fact, this is one of the most evident failures of UNMIK administration in Kosovo. The third event has to do with the serious incident that happened in Peja this Thursday. Sequences of open confrontation of Albanian citizens with KFOR soldiers and UNMIK policemen, no matter the context, are serious and unacceptable for all of us. They say that after an incident happens, one can find many ways of how it could be avoided. No doubt these sequences are harmful for Kosovo, for developing democracy in Kosovo, for our image. Rexhepi: Kosovo will be an independent
state of all citizens not only of Albanians (Epoka a Re) "Of course, each side would like to change it more or less, but I think that this is the only optimal strategy which would please the needs of Mitrovica citizens" Rexhepi told Radio Blue Sky. Rexhepi reportedly said that the Kosovo government, within its competencies, would work on implementation of this plan. Asked whether the Kosovo government should participate in all Steiner-Covic meetings, Rexhepi said that they participate as observers. He said that their presence is not obligatory, but he added that if there were talks about concrete issues that are for the good of both Kosovo and Serbia, Kosovo government officials would continue to participate in them, even after the elections in Serbia and Kosovo. The prime minister also responded to announcements by Kosovo Serb representatives that there aren't even minimal conditions for Serbs to participate in elections, and that Serb politicians have been marginalized in Kosovo institutions. "I think it is the contrary, because before every election, some politicians of the Serb community in Kosovo and Serbia make speculations and set preconditions for participation. As a reward for this, they gained unrealistic benefits in the past and the same is happening on the verge of local elections." Rexhepi considered that Serbs should participate, and elect their best representatives, in order to "together create better conditions for all Kosovo citizens, especially in Mitrovica". Asked about Serb discontent regarding IDP return to Kosovo, Rexhepi said that he is also not satisfied with the progress achieved: "We would like to speed up this process, but there are many problems that make the return process difficult." He also added that Kosovo government accepted some joint criteria with UN High Commissioner for refugees (UNHCR) and municipal associations according to which "everyone should return voluntarily to his birthplace". He also stressed that there is a better climate for IDP returns in Kosovo now. "After the war, in southern Mitrovica and in Prishtina, one wouldn't dare to speak in Serbian, while now this can be done freely." He said that since this process started, it would improve each day. "As you know, it is a small number, but Serbs live in Pristina and some other cities and I hope that in the near future, all Kosovo citizens will live freely," PM was quoted as saying in Epoka e Re. On a journalist's comment that many Kosovo citizens already consider Kosovo independent, PM Rexhepi said that Kosovo will be an independent state of all its citizens, not only of Albanians. "Right after independence, we will be ready to start economic and other integrations, borders would be symbolic and there will be freedom of movement," said Rexhepi. He then said that like other countries in the region, Kosovo would also like to be part of the EU; however, he said that before this, it would be more important to establish good relations with the countries in the region. "Kosovo's independence will not be so painful and it should be achieved. I think that within the next two or three years, Kosovo's final political status should be determined," he said, and added that this would be done under international supervision and the US would have the leading role. "Kosovo's neighboring states should participate in the conference on Kosovo's status but they will not have the right to block talks," Rexhepi was quoted as saying. Express procedure enables Ivanovic to be released
on bail (Koha Ditore) Meanwhile, UNMIK officials have welcomed Ivanovic's surrender, stressing that he finally recognized this court. Clint Williamson, chief of UNMIK's justice division, says Ivanovic has been charged with the serious crime of leading violent demonstrations. "If he is found guilty, he could be sentenced to ten years in prison," he said, claiming that during the session, evidence was presented that led to changes in the indictment. He further said that this was proof that the legal system in Kosovo is functioning. "UNMIK spokeswoman Susan Manuel has positively evaluated Covic's 'engagement' in convincing Ivanovic to undertake this step," according to Koha Ditore. Kapllan Baruti, President of the Mitrovica District Court, said that he has received all the information on this case from the media. "The procedure is in the hands of international judges. No one has consulted me prior to the questioning or when the decision was made to release him," he said. Defense attorney Toma Fila produced six tapes that prove Ivanovic's innocence. According to Covic, five foreign TV stations secured five tapes and one came from a military source. Neither UNMIK nor MNBN officials could confirm or deny that a tape was secured from a military source, or if was done by MNBN. Ivanovic humiliates UNMIK's judiciary (Zëri) Faruk Spahija, chairman of the Mitrovica Municipal Assembly, told Zëri that he was personally surprised by the court's decision to release Ivanovic on bail. "I think this dims the commitment to integrate the town and this is a hasty step. Maybe all the things that were said about Ivanovic were hasty. This is another proof that the majority of people who work in the judicial bodies favor the Serbs," said Spahija. Halit Barani, head of the KLMDNJ for Mitrovica said, "The reducing of charges by the international investigative judge shows that some international judges and prosecutors very often favor the Serbs that have constantly used violence on Albanians and non-Serbs. It is known that the basis for the indictment was video tapes [showing] UNMIK Police wounded. The prosecutor said they had sufficient evidence on this incident," said Berani. UNMIK denies possibility of an agreement for Ivanovic's
surrender (Bota Sot) Admonitions proved: Serb extremist Ivanovic released
on bail (Kosova Sot) Two UNMIK justices in Kosovo (Epoka e Re) Serb grenade launcher Ivanovic "to start
work normally", say internationals (24 Orë) With 44 euros the teachers' strike seems endless
(Koha Ditore) SBASHK: The strike continues (Koha Ditore) "This day ten of teachers' strike and until now all the efforts by governmental officials to solve the problem have failed," said Isuf Zeneli SBASHK Permanent Secretary. "We support the government's proposal and we want to more toward a solution, however we have first to negotiate with the government and afterward sit down and discuss this with school directors to see if the perusal is acceptable". He added, "The 5 million Euro aid should be taken seriously and it should be taken as a staring point for improving teacher salaries. We understand that this is only a proposal made by the government which has to be approved by Central Fiscal Council". "The teachers have started the strike and they will end it, when they demands are fulfilled. This strike has a social character and not political, and there is no apparent reason to politicize this issue. Institutions that are incapable of solving this issue are trying to divide the strikers," said Zeneli.
Koha Ditore carries an article entitled Gracanica policemen and doctors refuse to vote, which reports that according to the OSCE program for early voting, 75 Serb members of KTS and workers of Gracanica Hospital were to vote on Thursday. But at his time they have all decided to boycott the elections. The Democratic League of Kosovo (LDK) "The LDK program for these elections is the citizens' program for a better and richer Kosovo, and it derives from last year's national plan," LDK leader Ibrahim Rugova was quoted as saying at the rally in Prishtina/Pristina. Epoka e Re reports on the campaign in Peja/Pec with an article entitled LDK makes promises and more promises. Member of LDK Central Government Faruk Spahija was quoted as saying, "You should have the courage to push forward the achieved successes which were result of your vote." Peja/Pec mayor Ali Lajçi was quoted as saying, "The project for Serb return was compiled by the Belgrade regime and Covic; therefore it is unacceptable for us," and he added that individual returns are possible and equal for all citizens. Koha Ditore reports on LDK election campaign in Kaçanik/Kacanik, saying that "the election campaign in this region is going OK". In the Has villages of Prizren region, LDK has promised to continue with the projects that have already been started. Kosova Democratic Party (PDK) At the press conference in Malisheva/Malisevo, the PDK spokesperson said that by giving different numbers of completed projects at TV stations, LDK is campaigning for PDK, reports Koha Ditore. Alliance for the Future of Kosovo (AAK) 24 Orë reports that during yesterday's meeting with healthcare workers in Pristina, AAK candidate Jonuz Salihaj said, "In two years, healthcare should not be suffering from the present total ignorance." The same daily reports that AAK is increasing its campaign activity in Drenas/Glogovac. Two UNMIK Policemen injured in clashes with Albanians
(Radio TV B92) Angeli added that an investigation was still ongoing, but there was no information that anyone had been arrested. "This is, by all means, regretful, as the group of Serbs consisted of elderly people who just wanted to open accounts for receiving pensions. This is really regretful," he concluded. The Eparchy of Raska and Prizren condemned the
attack in Pec (BETA) Covic condemned attack in Pec most harshly (Tanjug) |