As two buses unloaded 99 Albanian prisoners at the ICRC warehouse on Saturday afternoon, the largest batch to be freed to date under the recent FRY Amnesty law, hundreds of relatives and friends were crowded around to meet their loved ones. Dozens of Albanian flags carried by the crowds fluttered in the wind - for everyone the banners marked a day of celebration. "It feels good to be free," said Said Berisha, as relatives and friends embraced him, some crying with emotion, others clearly relieved that the ordeal of separation was over. Berisha was arrested on 2 June 1999 and served almost 2 years of a 3-year sentence. Tomore Hoxha, 22, also enclosed by a dense circle of relatives and friends, said: "I can't describe what this moment feels like." A few feet away another closely packed gathering surrounded Ramadan Zymeraj, arrested from his village Guri i Kuq in Rahovac in September 1998.

The 99 prisoners were the largest group to be released since the publication of the amnesty law in the Official Gazette, Belgrade, on March 5. FRY law provides that prisoners must be released within 72 hours of the law's publication in the Official Gazette. However, since the courts have to review each case to see if the amnesty law applies to it, "reality on the ground -the paucity of officials in the courts -means that this time-frame cannot be strictly adhered to," according to Natasa Rasic, Staff Attorney, Humanitarian Law Centre, Belgrade. Thus, the first prisoners released came from the smaller district courts, Zajecar for example, which have lighter case loads. However, since during the week a number of courts were in session, many cases were reviewed leading to the large scale releases last Saturday.

ICRC tried to gain advance notice from Belgrade regarding the time and date of the prisoners' release, but only succeeded in gaining 12 hours prior warning. ICRC is responsible for transporting the prisoners from the various detention centres to the border at Medare where they are met by their counterparts from Kosovo and a representative of UNMIK's Office of Human Rights and Community Affairs (OHRCA). ICRC workers from Pristina then transport the prisoners to meet their families and friends at the ICRC Warehouse in Kosovo Polje, or, if a small group of detainees is involved, at the ICRC HQ in Pristina. (Prior to this amnesty, ICRC has helped reunite over 1,250 Albanian prisoners with their families since July 1999, according to Caroline Douillez, ICRC.)

Amnesty's Limited Application
OHRCA estimates that a total of 636 Kosovar Albanians had been detained in Serbia before last week's release. Of these, 217, most of whom were sentenced to two to three year prison terms, are being released under the amnesty laws. Thus 419 would be left in prison, this includes the Djakova Group tried for "Terrorism" and those found guilty of illegal possession of firearms, espionage, incitement of religious and ethnic hatred, of infiltrating armed groups, weapons and ammunition into FRY territory, and persons arrested for ordinary crimes under FRY law.

The amnesty law only applies to prisoners convicted under Article 136 covering "seditious conspiracy against the constitutional order." It was the first major piece of legislation passed by the new Parliament and an important gesture by the Kostunica government to reverse the inequities suffered by Kosovar Albanians under Milosevic.

Cases tried under Article 125 for "terrorism" do not come under the amnesty law's purview. According to the Humanitarian Law Centre, Belgrade, 203 Albanians fall under this category, including the 143-strong "Djakova Group," although an appeal on their behalf has been filed in the FRY Supreme Court. The HLC, Belgrade, hopes those detainees will be released in the next few weeks. Such a sanguine outlook rests partly on the fact that the recently nominated head of the Supreme Court, Leposava Karamarkovic, the first liberal appointee since the end of the Milosevic regime, is expected to be followed by several new nominees in the near future, developments presaging the Djakova prisoner possible release, according to Natasha Rasic. Even the current majority of Milosevic appointees on the Supreme Court may grant an appeal to display a newfound independence and to distance themselves from the old order, says Rasic.

With regard to the "Djakova Group" the FRY Justice Minister Momcilo Grubac has said they had been convicted as a group, seemingly without evidence. "The real terrorists escaped, and the citizens were tried without any evidence or proof that they committed this criminal offense," he told Parliament on 27 February.

Missing, But Not Forgotten
Given the large numbers of detainees returning home, OHRCA's Bureau of Missing and Detained Persons worries that the issue of the missing of all communities may cease to loom large as a priority issue.

Eager to assist missing persons' families in Kosovo, the Bureau helped to organize a two-part agricultural project for Krusha e Madhe village, where 206 men were reportedly murdered by Serb paramilitary units on 26 March 1999. The project is to be implemented through the French NGO, Solidarite. Last week 36 people, including 5 women, from Krusha e Madhe attended a demonstration on how to grow tomatos and peppers prior to receiving seeds, fertilizers and pesticides. Thirty-six families will get enough inputs for half a hectare of peppers and a quarter hectare of tomatoes. In the second phase, to begin mid-April, when more families will be included, cucumber and maize will be cultivated.

While grateful for the assistance, all the participants interviewed said, that the inputs difference could not compensate the loss of family earnings. Miradiye Ramadani 's husband, a teacher, and 11 cousins are missing. Widowed and with 6 daughters and a 2-year-old son she says: "No one is working. I have no other choice but to work the land as I want to educate my daughters." Up to now she and her family, who own 1.5 hectares, have mainly cultivated peppers.

Abdullah Ramadani, 75 years old, is disabled in the left hand. His three sons are missing. A farmer by profession, his nephews help him cultivate the land as he has no source of income. Rasim Ramadani, 60, buried one son and 2 sons are missing. He plans to rent 1 hectare of land this year to add to his ¼ hectare. This project he hopes will help make ends meet, since last year prices were so low, he received no income after paying for the rented land.

Note for Editors

For a selection of photographs, please contact Mr. Ky Chung at 038 504-604 ext. 5467

The long ordeal of separation is over at last
Photo Credit: Ky Chung