DPI

CONTENTS

FLAGRANT VIOLATION OF INDEPENDENCE OF COURTS
KOUCHNER: MEDIATIONS TO STOP GENOCIDE ARE OBLIGATORY
"BRIDGE WATCHERS" THREATEN THE POLICE
WHY COOPERATION IS NOT REQUESTED FROM CITIZENS IN EVERY CASE
PRISTINA SHOPPING MALL TO BE TURNED INTO A POLICE STATION
SHALA: AN INVITATION FOR A MEETING
HYSA: WHY IS THE PARTICIPATION OF KOSOVO SERBS IN SERBIAN ELECTIONS A FAILURE OF ALBANIAN POLITICS IN KOSOVO?

FLAGRANT VIOLATION OF INDEPENDENCE OF COURTS

Following disagreements with the Kosovo deputy administrator regarding the release of nine Albanians arrested in Obiliq, Gary Garland, the international prosecutor at Prishtina District Court, decided not to continue his job, reported Koha Ditore on page one, citing an international source close to the court.

Given the absence of evidence, Garland released the group of nine Albanians arrested during an action by KFOR and UNMIK Police on 27 November, under suspicion of having committed terrorist acts. It was suspected that the nine men were involved in violent acts, such as the grenade attack near Obiliq that resulted in 11 wounded Serb children and the murder of an elderly Serb man.

Citing an anonymous source, the paper added that PDSRSG Jock Covey was angered by Garland's decision and asked him to extend the detention of the group. "The arrest of these persons was considered as a success of KFOR and UNMIK police, therefore Covey could not accept their release," added the source.

Garland, on the other hand, was quoted as saying, "I cannot accuse anyone of terrorism when I do not have the legal basis to do so".

During the raid in houses of the arrested, KFOR soldiers found no weapons or other evidence proving that these men were involved in crimes. The only proof the prosecutor's office had were pictures of several Serb houses, which would allegedly be attacked by the arrested, and a notebook noting the circumstances and dates of actions which exactly matched violent acts that took place recently in Obilic.

During questioning, the owner of the notebook said that his notes had nothing to do with terrorist acts and that they were only "a product of his imagination". The prosecutor requested for the arrested to undergo a psychiatric test in order to check his mental condition, but the test could not be done because according to legal procedures only the investigative judge has the right to make such a decision. At the time when the medical control had to be done, the international investigative judge was not in Kosovo and the Albanian prosecutor opposed the idea.

Therefore, due to a lack of evidence, the arrested were released last week. It was learned that the prosecutor's office and UNMIK Police agreed with the decision claiming that there were no evidence for the case.

Garland reportedly refused the paper's request for an interview.

Furthermore the paper said that Garland's contract expired on 31 December, but according to the international source, he was planning to sign a new contract with UNMIK. However, unsatisfied with events in the court and the "incident" with Covey he decided to leave, and Wednesday he departed from Kosovo. Garland was quoted as saying, "I cannot work in a court system influenced by politics".

Susan Manuel, spokeswoman for UNMIK, said Wednesday she had not been informed of the case because she was not in Kosovo during that week. However, she confirmed the swearing-in of a new international prosecutor, Peter Korneck.

According to the applicable law, the detention cannot last longer than 72 hours, whereas the nine men from Obiliq were detained for nine days. After consulting her colleagues, Manuel said that regulation 2000/62, signed by administrator Kouchner, had been used in this case.

The anonymous source added that one day after the men were released, Covey asked Kouchner to sign a specific order to extend the detention of the arrested. "Regulation 2000/62 is probably a result of Covey's engagement and it is supposed that the released must follow the rules of the regulation, such as staying away from a region where they are suspected to have committed terrorist acts or close to Serb houses seen in the pictures confiscated by the police," added the paper.

Regarding that regulation, a legal expert told the paper that regulation 2000/62 violates articles 5 and 6 of the European Charter of Human Rights.

According to the expert, the interference of officials of the international administration in Kosovo is also in opposition with the principles of courts' independence, because it harshly violates their independence which is one of the main principles of the state of law and the court system. According to applicable laws, such interferences are penal acts sanctioned by the law.

"Unfortunately this is not the first time that UNMIK senior officials interfere in certain court cases," said the expert pointing out the case in Mitrovica Court, when during the court session, the defendant was taken away from the Albanian judge and was instead given to an international judge. Furthermore, the expert mentioned Jock Covey's interference in the case of 13 year-old Serb from northern Mitrovica, who was arrested under suspicion of committing crimes against Albanians. "With Covey's interference he was transferred to Serbia," he added.

KOUCHNER: MEDIATIONS TO STOP GENOCIDE ARE OBLIGATORY

NATO's intervention last year in Kosovo caused even more debate in the international public regarding humanitarian or military mediation in places where genocide is committed, reported Koha Ditore on page two.

There are many supporters of such a principle and warnings that decisions are made in a selective way. One of the persons with the greatest experience in international crises, Bernard Kouchner, in order to contribute to this debate, participated in a lecture organized by the Catholic Conference Forum in Brussels. He talked about his experience from the time he headed "Medicines Sans Frontiers", winner of the Nobel Peace Prize, until the wars in Bosnia Herzegovina and Kosovo. More than 2,000 persons were gathered in the Brussels hall to follow Kouchner's lecture, and they bade him farewell by applauding loudly.

Referring to NATO's intervention, Kouchner repeated that in order to put an end to a dictators' genocide, international intervention is not only a right, but also an obligation of the international community. "Better late than never", said Kouchner regarding NATO's intervention putting an end to Milosevic's bloody path throughout former Yugoslavia, the paper said. He also noted Kosovo's absence from the Dayton conference, even though it was known that there would be problems.

The SRSG warned that civilians suffer the most during modern wars, such as in Kosovo, where NATO stopped perhaps the last dictator of Europe. He said that 98% of the victims of the war in B-H were civilians, and he talked about the history of Kosovo's apartheid of ten years by recalling Milosevic's steps from annulling autonomy to dismissals from work because of ethnic background. He added that after all this, the appearance of the KLA speeded things up and he recalled the mass exodus and return of Kosovo Albanians, as well as the arrival of KFOR and UNMIK.

Kouchner mentioned the results achieved in Kosovo while he was head of UNMIK by recalling that "everything began from zero". Kouchner evaluated the political changes in Belgrade from the perspective of the international community and from the Albanian side, which he said are entirely opposite one another. He said that Kostunica's arrival into the government has changed things in the international community, however not for the Albanians. "Hundreds of Albanians are in Serb prisons, another six thousand are missing. Unfortunately I think they are not alive", stated Kouchner in trying to reflect the stance of Albanians who do not share the West's euphoria regarding the changes in Belgrade.

Kouchner conceded that there are still murder attempts and political murders in Kosovo, which are very worrying, however without wanting to justify them he said that there are killings in America or Spain as well and they are individual and it is difficult to stop them. The SRSG stressed that the level of killings in Kosovo is much lower than it was when the international forces came, having decreased from fifty killings per week, whereas in the week before the elections only one was reported. Once more, he called the local elections his and the Kosovars' greatest success.

"BRIDGE WATCHERS" THREATEN THE POLICE

UNMIK police reported several incidents in the Mitrovica region carried by Koha Ditore on page seven.

At 1 AM, a police patrol while returning from Zveçan crashed into a car that belonged to the "bridge watchers," according to Bikal Rajhbak UNMIK police spokesperson, who added that two "bridge watchers" were injured in the accident and sent to the hospital in the northern part of Mitrovica.

More than 20 Serbs gathered at the scene and attacked the police officers and taking their hand sets. Keys to the damaged "bridge watchers" vehicle were given to the police officer who was told: "you have seven days to repair the damage or else". Police officers called in reinforcements, who arrived and calmed the situation. No one was arrested. A source also reported an attack on a 60- year-old man in Skenderaj, a robbery of 150,000 DM in Vushtrri and a fire in the town park.

WHY COOPERATION IS NOT REQUESTED FROM CITIZENS IN EVERY CASE

How does UNMIK police investigate major crimes, asked Zëri on page nine.

Less then half of all criminal acts committed in Kosovo over the past 18 months have been resolved and among these, no major criminal acts, such as killings of public figures, have been solved, the paper said.

From June 1999 until December 2000, 651 killings, 329 abductions and 180 fires were officially reported, and the percentage of murders in which no suspects were arrested is between 45 and 50. For normal investigative processes against those who committed killings cannot even be discussed. Nor how effective are the investigations and investigators in search of perpetrators of different crimes.

UNMIK police official has justified the small percentage of arrested offenders by saying that the local population doesn't cooperate with them. However no explanation is offered on how police cooperate with the population, and how someone who does so can be guaranteed security.

Even if help is required from the local population, it is not always in the same way, the paper said. All over Pristina, rewards are posted in which UNMIK police offer 15,000 DM for anyone divulging any information on the killing of four Ashkali in Dashevc, Skenderaj municipality. It can be said that this public notice is a part of the investigation. Is it reasonable that a public notice and reward is posted only for the Ashkali case? Other killings happened in Kosovo and Pristina and the climax was the killing of Xhemajl Mustafa: however we have not seen any notices where UNMIK police are requesting cooperation from the local population or offering a reward for information that someone could offer.

PRISTINA SHOPPING MALL TO BE TURNED INTO A POLICE STATION

Koha Ditore carried a report on page eleven on the dispute between UNMIK and the Gërmia Trade Enterprise.

"These buildings that belonged to the TE Gërmia from Pristina based at Mother Theresa nr.8 are under protection of the UNMIK administration until a decision on the property is resolved. Any person or organization that uses or occupies this building without explicit authorization by UNMIK will be removed and penal actions would be taken," says the UNMIK notice posted in the Gërmia enterprise.

This notice caused talks to open between Gërmia representatives and UNMIK concerning the rights to the building in question, for the first time in months.

Rumors have been going around Pristina that the Gërmia shopping mall would be turned into a police station. Bahri Tahiri, director of the Gërmia enterprise, said that during the Monday meeting with UNMIK official Tom Koenings, who signed the notice, they discussed among other things the idea that the building may become a police station.

Susan Manuel, UNMIK spokeswoman, said that a police station was part of the plan. She said that UNMIK is planning to use the building for governmental offices for the different departments and a police station could be included. "UNMIK needs space," she said as one of the reasons for changing the destination of the building used for trade into a governmental building or a police station.

The dispute concerning the property had started much sooner. However there was a lack of direct contact. After UNMIK sent verbal and written warnings to Gërmia, on Monday workers representing Gërmia met with highest international municipal and central officials to clarify this issue.

According to the UNMIK source, both sides gave arguments concerning the property ownership, and agreed to meet again on Friday, with legal representatives.

Sitting in his office with many documents displayed in front of him, Gërmia director Bahri Tahiri gave the arguments showing legal ownership of the building. "We have all the needed documents showing that we are owners of the building," he said, adding that he had shown these documents to UNMIK administration. But despite the bulk of documents that he showed to the UNMIK municipal administration and afterwards to the highest UNMIK officials, UNMIK remained firm that the only one with the right to manage this and other such buildings is UNMIK.

"There are at least five regulations that give UNMIK the right to administer and manage all public and state owned property. As we consider that Gërmia buildings are state property, we have the right to administer them," Manuel said.

In September, the Gërmia enterprise published a tender to repair the shopping mall in the center of Pristina, and work started right after the tender was closed. The company said it alerted UNMIK because the building was left unattended.

"Unfortunately the managers of the Gërmia enterprise had previous knowledge that UNMIK has the right to administer the building. They carried on without checking with UNMIK and its plans," said Pristina Administrator Ziegfried Brenke.

Meanwhile, Gërmia directors said that they had asked for permission from the Pristina Urban department for the tender but received no answer. They then consulted 'experts,' who advised them to continue the work, the paper said.

"The building was in very bad shape, and no one was taking care of it. The tender was published so the building could be protected from further ruination," explained the Gërmia representative.

Manuel also confirmed "people who represented themselves as owners of this property," had in a way informed UNMIK that they would start the repairs, however she refuted the charge that UNMIK did not react. "UNMIK warned them several times during the last few months that this is a public building and they should not proceed with work or investments in it, and advised them to stop work until the dispute is resolved," she said. "They simply ignored these warnings."
Concerning contacts between UNMIK and Gërmia, Mr. Tahiri said that UNMIK paid interest for the first time for these buildings on 12 October this year, when Pristina Regional Administrator requested in written form information concerning the ownership of the building. "There was no previous notice or any decision," said Tahiri, adding that "UNMIK police posted the notices in our building".

UNMIK spokeswoman Manuel confirmed that written contacts between UNMIK and Gërmia began only in October. However she added that the Germia company should have been aware of the regulations dealing with ownership of public property and should have asked permission from UNMIK to repair the building.

SHALA: AN INVITATION FOR A MEETING

Zëri on page one carried a column by its publisher Blerim Shala, in which he commented on the consequences that a meeting of the two of the biggest Kosovar political parties would have. Shala wrote:

"Should Ibrahim Rugova and Hashim Thaçi meet outside IAC and without Bernard Kouchner's mediation? Should LDK, PDK and other relevant Kosovar party leaders talk without the presence of UNMIK and OSCE? These questions seem unnecessary and insufficient only to those who do not know Kosovo's political circumstances. Whereas to others it is obvious that the need for such meetings is essential. Until now, Kosovar politicians have met each other only in the presence of the international factor. Thereafter, the messages to one another have been sent publicly, between local and international media. There has not even been proper Kosovar politics here, if with politics you imply the coordination of positions between the main political entities on the greatest national issues. This paradox is greater when it's known that as far as key political issues are concerned, there are no serious or unsolved differences between LDK and PDK."

"Therefore, at first glance, much can be done to institutionalize the cooperation between LDK and PDK, although in everyday life until now this cooperation was almost impossible. PDK's last initiative for organizing a meeting between the chairmanships of the two main parties is like an apt political step. What is more, such meetings should have a fixed schedule and be held as often as possible. They should bring about a lower of tensions of the Kosovar political scene. Whatever might happen in these meetings, the possibilities for cooperation will increase, which will qualitatively change the Kosovar political scene."

*****

Annex: Transcript of a commentary by Ylber Hysa, director of Kosova Action for Civic Initiatives, Koha Ditore, p.10

WHY IS THE PARTICIPATION OF KOSOVO SERBS IN SERBIAN ELECTIONS A FAILURE OF ALBANIAN POLITICS IN KOSOVO?

Only ten days remain until Serbian elections. And these are not simply one of those elections we are used to seeing during the past decade in Serbia. These are in fact Serbian post-Milosevic elections with Milosevic as one of the contenders in the electoral process. Chances are that the former opposition, DOS, will win, and this could bring a new era to Serb politics, which could impose a different dynamic within Serbia and in relations with neighboring countries.

However, despite the importance of these elections at this level, they have a particular meaning for Kosovo. If Serbian elections will be held here, this would definitely have direct consequences in Kosovo, as a matter of fact some of these effects might result in irreversible situations.

If this time, the international community is determined to say "NO" to the elections, then the international administration in Kosovo should prepare itself for the negative consequences that will follow its mission here.

If Kosovo Serbs decide to participate in the Serbian elections, this would mean that they are also preparing themselves for the gravest consequences. Put simply - the dilemma of Kosovo Serbs, whether they participate in elections or not, could be simplified - do they want to live in Kosovo, or in Serbia? Do they want to live in a Kosovo controlled by Belgrade or by citizens living in Kosovo?

For the fellow citizens of Serbs in Kosovo the dilemma has been simplified to this banality, without a "yes, but…!".

In other words, if Serbs plan on living in Kosovo, if they think about the future, of any kind of future as citizens of Kosovo, they have the chance now to win this right, or the contrary. Previous justifications that there are no security conditions to participate in Kosovo local elections, or on the other hand to participate in Serbian elections, would be a hypocrisy which would devalue all Serb justifications for not joining the political life of the new Kosovo. If the international community could justify its tolerance towards Yugoslav elections in Kosovo with the huge excuse of ousting Milosevic from power, now such an excuse no longer exists. Furthermore, all surveys showed that the former united Serb opposition would win easily. On the contrary, the participation of Kosovo Serbs in Serbian elections means only more votes for Milosevic, given the last voting in Yugoslav elections and the traditional mood of Kosovo Serbs.

In other words, in the 23 December elections, Kosovo Serbs will vote not for Serbia, but for their future, or better to say against their future in Kosovo.

And if the voting of Kosovo Serbs in the 23 December elections becomes a reality, then this could unfortunately result in consequences for their security and would also have consequences for the future of the long-term process of reconciliation or calming Albanian-Serb relations in Kosovo, including problems such as Mitrovica and Presevo. In the eyes of the Albanian majority, such voting would be a clear provocation, an intention to return Kosovo to Serbia, to return to the past, apartheid, repression, and war. Therefore, the consequences are quite noticeable, even at this moment!

But on the other hand, as much as this open provocation would prove that the Serbs have changed a little bit, or not at all, in their colonial mentality towards Kosovo, this truth is proof of a new reality. And this is that such behavior of the Serbs is in fact a failure of sorts of Albanians themselves, as the majority in Kosovo. Until now, Albanians and their political entities have absolutely failed in offering another alternative, a more concrete and substantial one, for Serbs in Kosovo. There was not a single elaborate, or concrete public offer, or a written proposal by any party or Albanian entity for the Serbs and other minorities in Kosovo. No one offered a package of measures for Serbs as Kosovar citizens, be it in political structures or new institutional ones. OK, it was known that Serbs have a priori refused such possibilities, but at least they have not been offered until now, and concrete offers were not registered as such.

On the other hand, the enclavized Serbs can very easily say they lack freedom of movement, that they lack safety of life and property and when it comes to these claims they will be protected by all international organizations, be it governmental or non-governmental, journalists or foreign individuals who have visited postwar Kosovo. Albanians can defend themselves with hundreds of counterarguments, starting from the lack of any war crimes trials in The Hague, to the fact of Albanians kept in Serbian prisons, or that revenge happened everywhere in Europe after World War Two. All the aforementioned can be true, however we cannot deny one truth, that Kosovo Serbs lack freedom of movement in free Kosovo and that they have not been offered a concrete political platform for integration in Kosovo institutions. And the Serb side will always bring up this argument.

We should remember one thing - the final status for the Kosovar majority depends precisely on the status and condition of minorities in Kosovo. The possibility of independence for Kosovo depends on the democratic nature of these relations.

And therefore, 23 December is important for both Serbs and Albanians. Serbs should say whether they see their future as Kosovar citizens and Albanians should show the whole world and other fellow Kosovar citizens that they are willing to offer minorities a possibility of living together in Kosovo.

For this, we should not even wait for the "opponent" to make the first move…