<<

T ORTURE Volume 21, Number 3, 2011 197 1 Secret cemetery, mass graves, identifica- mass graves, Secret cemetery, In addition, mass grave excavations have have excavations mass grave In addition, usually by bullet shot in the posteriorusually by bullet region of the skull. Keywords: communism. torture, human rights violations, tion, Introduction of human remains in mass Identification is a verygraves important docu- step toward menting human rights and giving violations back to families of vic- the human remains as until exhumed, are considered, that tims, mainly due to extrajudi- lost or disappeared, The importance of redress- cial executions. ing the injustices and bringing to justice who will therefore lose their perpetrators, cannot be underemphasized even impunity, the example, For for very remote crimes. process of human skeletal re- identification has taken mains exhumed from mass graves more than 50 years after the place in Spain, War. Spanish Civil gradually become an integral and very im- portant part of judicial in the preparation and in accomplishing the hard task files, Thus, of defending them before the courts. general opinion regarding the uncontestable crimes perpetrated during the Nazi regime, or during numerous communist dictator- been judicially insufficient have would ships, for condemning responsible executioners, photos and documentation unless pictures, *) Institute of Forensic Medicine, , . Mem- Albania. Tirana, Medicine, *) Institute of Forensic of disappeared for the identification Force Task ber of the persons of the communist regime. Classics School of , Anthropology, **) Forensic UK. Scotland, of Edinburgh, , and Albania. Tirana, Medicine, ***) Institute of Forensic Tirana. of University of Medicine, ****) Faculty Abstract after the fall decades of the communism in Two rights documenting the human violations Albania, tortureand proving and cruelties suffered from ex-politically persecuted and dissidents of the Due to several is still a societal priority. regime, the redressing toward the judicial way reasons, This is down. historical injustices has been slowed mainly because of the lack of proper documenta- and extrajudicial mass executions tion of torture, and civil so- governmental Several ill-treatment. tried to define the issue, have ciety organizations been brought if ever, rarely, perpetratorsbut have Secret cemeteriesto court. have graves and mass Albania, recently been found in different zones of thus proofs of torture and and victims exhumed; po- made widely known, are being ill-treatments necessary the tentially creating legal conditions for punishing the perpetratorsand for identifying authors describe In the present paper, victims. osteological forensic findings from Linza secret ante mortem where several Tirana, cemetery in and cruel the severe ill-treatment fractures prove was that the victims suffered before the execution cemetery in Tirana, Albania cemetery Besim Ymaj, MD***, Zija Ismaili***, MD**, Anila Tahiri, Admir Sinamati, MD*, Çipi, MD**** Bardhyl MD****, Gentian Vyshka, cruelty: forensic findings form a secret form a secret findings cruelty: forensic Osteological proofs of torture and and torture of proofs Osteological DOCUMENTATION DOCUMENTATION 198 T ORTURE Volume 21, Number 3, 2011 differ even more. displacedpersons andinternally imprisoned according toanothersource. English aswell. in cal persecution Albania isavailable in ofpoliti- andperiods of methodstorture als fromonesource isconsideredtobe4,548individu- regime thecommunist during of executed persons in recentpublications; thusthetotalfigure families. inthedata There isdiscrepancy in advocacy forthepoliticallypersecuted ally offerdifferentfigureswhileengaged and non-governmental organizations gener- judicially andextrajudicially)arefullofgaps, or executed victims(both and ofimprisoned vers. Even officialdata ofmissingpersons evidence andinconductingjudicialmaneu- of thelackprofessionalismingathering the lackofpoliticalwill, but rather because political assassinations was notbecauseof cover and thesmokingguninallegedcrimes the wrongdoingsofpast. Inabilitytoun- any sentencethatserved explicitlyredressed state, ofthetotalitarian nevercret services forms, mainly enactedfromofficialsofse- initsdifferent of crimes, suchasoftorture most unanimouslycondemned, perpetrators in regime Albania hasbeenwidelyandal- case, Srebrenicamassacre). Case)andinBosnia(Krsti´ mala (DosErres convicted,get war criminals likeinGuate- excavations isbecomingasuccessfulway to evidencefrommassgravepersons, ensuring for helpingrelatives tofindremnants oflost fortheidentification processand primarily Although excavating massgraves serves topronounceunappealableverdicts.a court ten orinverbal forms, rarelywillsufficefor scarce, inwrit- of survivors, andmemories canbe or decadesaftertheirperpetration several years andcruelty of prooftorture hadbeenavailable.of suffering Availability Even though, politicallythecommunist

6 4,5 A thoroughdescription 4 and6,007individuals 2,3 5 The figuresof c for politicalpurposes. orpeoplebyagovernmentof any person included thepremeditated killingormurder In defining the term In definingtheterm andsevere.ticide arethemostimportant not, amongwhichmassmurderandpoli- tions, documentedandpartially partially viola- panoplyofhumanrights perpetrated lished figures, communismin Albania has practiced. was totherespective widely families persons ofexecuted corpses option ofnotreturning ment agenciesofthecommunistperiod, the the Albanian secretpoliceandlaw enforce- punishing expeditions, but alsobecausefor ies arenotintendedonlyfortheideaof prolonged. Massgraves andsecretcemeter- anticommunist resistancewas fierceand ex-Yugoslaviaand neighboring wherethe areasofthecountry expeditions inNorthern ately after WWII, punishing especiallyduring common in immedi- Albania intheperiod only after the diggings oftherelativesonly afterthediggings gave Legal Medicine were calledto the premises Prosecution Officeandfromthe Instituteof and publicinterest. cated; received widemedia coverage thefact in February, 2010, humanskeletonswere lo- find remainsoftheirlostbeloved ones, and to trying theground werepersons digging nist secretpolice. Relatives of theexecuted individuals executed fromcommu- burying eas ofabushy andhillyzonewere usedfor were hiddenar- aware that foryears certain coincidental, sinceinhabitantsofthezone was notmerely finding ofasecretcemetery ofthecity. boundary natural eastern The foot ofthemountainDajti, the whichforms from Tirana, eastofthecapitalandat the Linza isasmallplaceseveral kilometers at Linza,Tirana Description ofthesecret cemetery Apart from discrepanciesinthepub- Apart 8 Experts fromthe Experts Tirana politicide DOCUMENTATION 7 Mass murders were Massmurders , Rummel T ORTURE Volume 21, Number 3, 2011 199

14-16 All the standard 18 otherwise humerus used for this was 17 In general, the skeletal remains, both the skeletal remains, In general, one was From all thirteen skeletons, method of aging, sexing, measurements, measurements, method of aging, sexing, applied and dental recording were stature according to methods suggested from here, purpose. The state of bone maturation and of bone maturation The state purpose. used the scoring activity were of epiphyseal according age, to determine the skeletons’ methods. to well-known When a femur was totally fragmented or When a femur was bone were fragments of the latter missing, used in accordance with other recommenda- tions; Results The totals of thirteen plastic bags contain- examined by the were ing human remains Bones and clothes Tirana. forensic experts in plants and soil found together with the were preserved Clothes were for from the area. the forthcoming process. identification in were elements, cranial and non-cranial preservationa poor to moderate condition. Some present. no soft tissue There was characterizedbones were by surface ero- Some of the sion and postmortem fractures. missing and some of them were bones were completely fragmented to such a degree that Some parts of impossible. was examination it difficult making missing, the pelvis were General condition of the to determine sex. the taphonomic changes bones indicates during skeleton underwent the burial. that most of them were From thirteen skulls, for fragmented with a few bones available reconstruction and further analysis. the study of pel- considered to be female; the other that vis and cranium indicated males apartskeletons were from one where Stature sex determination inconclusive. was through formulas estimated was based on according the maximum length of femur, to a method which has been suggested by The method has been vali- authors. several sample. recently in a Portuguese dated 13 The 9 11 Other authors, Other authors, 12 All skeleton remains, All skeleton remains, 10 The exhumed skeletons were examined The exhumed skeletons were The definition of mass grave and secret The definition of mass grave only after they were sent to the Institute of only after they were a In the latter Tirana. in Medicine Forensic thorough osteological performed. was study to all skeletons, common The main feature, fact the was all victims (100%) had that perimortal bullet-shoot lesions in the skull; in the skull or fractures caused by the wounds characteristics of mass i.e. blunt force trauma. killings which are also reported mass in other Tuskulënai such as the exhumations, grave case in Lithuania. crime took place thereaf- examination scene already while the exhumed remains were ter, The identifying team Tirana. transferred to the presence of a secret cem- acknowledged since 13 skeletons had been found, etery, meters distancing five pits, buried in several area could be reached The from each other. able were four-wheel machines only by foot; The of 150 meters. to stand by in a distance blocked to common people was pathway considered through since it was until 1990, “militaryappropriate signs a area”. cemetery varies depending on the point of There is a view taken by different authors. from Mark Skin- consideration quantitative must according to which a mass grave ner, to least half a dozen individuals, contain at deserve the appellation. apart from the mere figure of corpses found upon the disre- converge in a mass grave, indiscriminate and tightly-packed spectful, especially the factmethod of burying victims, human remains are in close contact. that during and during the exhumation forensic- in the laboratory, anthropological evaluation WORM photographedwere and stored into a as has been suggested. medium, the first results, thus the process of exhuma- thus the process of the first results, as organized, not professionally tion was described the Minnesota Protocol. in DOCUMENTATION DOCUMENTATION 200 T ORTURE Volume 21, Number 3, 2011 was usedto several authors. aeAge Case Table 1. in seven cases, whenthebonepreservation (page 204); were made otherreconstructions one oftheskeletonsispresentedinPhoto1 most skeletons. The recollectedremainsof the bullet wound intheskullwas foundin of theskullbones. of The commonpattern study.archived forfurther oftheboneswastailed inventory doneand hand andfootphalangeswere missing. A de- of themeasurements. Mostoftheteethand preserved, makingitpossibletotakesome mentary. Someofthelongboneswere well were missing. were frag- Mostoftheribs tion insomeskeletons, whilesomeofthem in summarized Table 1. age; estimated stature lengthandgender)are skeletons(estimated ings fromthethirteen 33-5M16Leftfemur Rightfemur 1.6 Rightfemur 1.6 Femurs M 1.65 1.75 Skull Skull M 30-35 *NI= nonidentifiable NI* Rightfemur NI* M 30-40 M 13 1.65 40-50 12 M M 20 Right 11 30-40 M Rightfemur 1.78 10 40 Rightfemur 1.7 9 40 1.55 M 8 Femurs M 25-35 Femurs 7 NI* F 35-45 1.7 6 20-30 Leftfemur NI* 5 1.65 M 4 NI* M 40 3 25-35 2 1 Signs oftraumacouldbefoundinmost wereThe vertebrae inmoderate condi-

(yrs)

Characteristics ofthirteenskeletons. calibrate theresults. Somefind- 19,20 edrStature Gender A multivariate approach (m) humerus degraded diaphysis Bone(s) used craniums. tion ofanexitbullet wound, fromoneofthe Photo 2(page204)representsareconstruc- andCT-scanstructed imageswere obtained. the bullet holes. changesgave of anunusualpattern mortem Moreover, boneweathering andotherpost- ofthebullet. thetrajectory to determine cranial bonesinsomecasesmadeitdifficult the skeletons, but theincompletenessof the bullet wound intheskullwas foundin most ofthebones. of The commonpattern evident. Signsoftraumacouldbefoundin were torture signsofcruel ent antemortem skullzones(occipitalbone);posterior differ- wounds withtheentranceholein mortal First casedetails 2 and11fromtable1). rensic team, moreindepth(i.e. 1, numbers were consideredmostillustrative bythefo- threecases,Hereafter we describe which Illustrative photosfrom three skeletons picture, up), shows theunusual bullet hole, the skull. The lesiononthefrontal bone(left followed fracturesof bythe corresponding trance holeofthebullet ontheoccipital bone the skull. Rightimage, down, shows theen- Photo 4(page205)shows abullet wound in Second casedetails homicide. of theoccipitalbone. The manner ofdeath is surface beveling oftheboneoninternal shows the bone whilethepictureonright oftheoccipital surface ing ontheexternal on theleftshows thepseudooutward bevel- of thebullet ontheoccipitalbone. The photo Photo 3(page205)shows theentrancehole made upon it.permitted Inothercasesthestudywas When possible, cranialvaults were recon- All victimsunequivocally hadbullet hole partially reconstructed skeletons. reconstructed partially DOCUMENTATION T ORTURE Volume 21, Number 3, 2011 201 In fact, secret cemeteries and mass graves, secret cemeteriesIn fact, and mass graves, Discussion Discussion secret cemeteriesIdentifying victims of and fac- to several is directly related mass graves technical. is not merely whose nature tors, in the Linza secret cemeteryThus, near the experts the ex- concluded that Tirana, taken place ecutions and burials should have of least 20 years before the uncovering at precisely connecting However, the skeletons. with a certainthe executions and pe- date of the events, and with the official data riod, extremely difficult duty, to be an proves or are incomplete, especially when archives and are extrajudicial when executions even The identifica- therefore not registered all. at mired in serioustion process was difficulties, mainly because of the fact victims bur- that obviously coming from dif- ied in Linza were and registersferent pre-detention facilities, In cases of extrajudicial are full of omissions. the entire process often went executions, completely unregistered on purpose. are nu- Albanian sources, according to several dat- the country, over merous and scattered WWII, ing back since the first after months communists took after the immediately i.e. Punishing campaigns in the Albania. in power northern areas started Ob- to be perpetrated. the majority of the authors reporting viously, the existence of such secret cemeteries and persecuted are ex-politically mass graves indi- their memoires need to be However, viduals. before being used for judi- officially validated cial purposes bringing aiming at perpetrators The declared figures of the killings to justice. suffer data rarely coincide because archival For from wide omissions and inconsistencies. it can be easily realized from photo example, difficult it might be to connect events 9 how such as to cor- with memoires and findings, respond names with the skeletons uncovered when the technical quality in mass graves, of the registration police or process from the Photo 6 (page 206) is showing a CT Photo 6 (page 206) is showing of some data, According to the witness’ more perimortalThe same case shows However, we believe that the lesion on the the lesion that believe we However, reconstruction of the same skull, with the reconstruction of the same skull, in the up- comminute fracture (exit wound) and the entrance bul- per part of the image, (rightlet wound lower linea nuchae) in the part of image. and in- by young executed the victims were In these cases the sol- experienced soldiers. dier could miss the target by not shooting on In somewhere else in the body. the head but cases where this happened the experienced interfere with the back of the would executer this case is one of those. believe We firearm. is homicide. The manner of death such as the fracture of the trauma lesions, page 207). 8, right radius and ulna (Photo 7, Eleventh case details the perimortalPhoto 5 (page 206) shows images The upper fractures on the skull. bone and the fracture on the occipital show fractures on the left show the images below The lesions indi- temporal and parietal bone. fractures caused by the blunt force the cate shows of the fracture The pathway trauma. lesion on the back of the head was the that prior and pari- to the lesion on the temporal etal bone. with the pseudo beveling of the bone on the of the bone beveling with the pseudo internal surface of by the weathering created the possible shows up, Right image, the bone. trajectorybullet on the skull. DOCUMENTATION DOCUMENTATION frontal bone can be an entrance hole for a sec- frontal bone can be an some witness, an eye According to ond bullet. on the with one bullet executed victims were by the other shot back of the head followed after the vic- on the frontal parthead, of the The man- be lying on the ground. tim would is The cause of death is homicide. ner of death the intracranial hemorrhage the severe due to to firearms. related injuries on the head, 202 T ORTURE Volume 21, Number 3, 2011 in thefield. toolforallforensicteamsworking supportive treat theissue exhaustively, thuscreating a condition. The Minnesotaprotocolaimedto ized working proceduresareanindispensable mass graves, guidelinesandstandard- certain in similartothosedescribed Albania. crimes where thesecretpolicehasperpetrated Europeancountries, ex-communist Eastern is aphenomenonalsoencounteredinother data haveand important beenomitted. This might alsohave beenwidelymanipulated ately poormethods ofregistration, archives not acapitalone. fromsuchdeliber- Apart the nature oftheircondemnation whenitwas persons, theirprovenance and, inothercases, theexecuted registered communist regime agenda, wheretheprosecutingofficialof ofapocket example isamerewritten-paper the poorestonecanimagine. This illustrative was law enforcementagenciesof the period skeletons of the Linza secret cemetery discussedherein]. skeletons oftheLinza secretcemetery Column 11,Row 3). [Thephotoisillustrativeandthe listisactuallynotpresumedto correspond withthe numerical figures showtherespectiveprisonsentences inyears(thus25vj.means yearsofprison; written paperseveralprisonersare named.Thecolumnno.11explainstheirfate;‘vdekje’means‘dead; unlawful executions,butaswellin howdataofjudicialprocedureswereregistered.Inthisofficialhand- Photo 9: gistic issuesandsupport. gistic The limitations of of view, but alsorelated totechnicalandlo- settings, notonlyfromthepoliticalpoints whenworking insimilar tered areenormous When working with secret cemeteries and and When working withsecretcemeteries

Thehorrificfateofthecondemned wasexpressednotonlythroughphysicalill-treatmentand 9 However, difficultiesencoun- 21 the fractured bones and the ante mortem the fracturedbonesandantemortem in theabsenceofDNAdata. tofindawaytried outforidentifyingpeople of thevictims. Even recently, have authors toward apromptidentification ing factors in gime Albania, hinder- arebothimportant thecommunist re- victims executed during the absenceofaDNAbankfromrelatives of tions. with thedelicate processofvictimidentifica- but fromother organizations that aredealing uncontestable notonlyintechnicalforums, tification iswidely acceptedandactuallyis of suchananalysisintheprocessiden- aDNAanalysis.to perform The importance thebonesampleswere taken these purposes still underprocessofidentification andfor impunity.least torestrict past, willhelptoabolishorat andofcourse difficult processofredressinginjusticesthe alongand ofstarting per seisaninitialform elsewhere asaproblem. tation processhave alsobeenemphasized nature andpilotform, but gapsindocumen- toitspioneer the presentwork areintrinsic All skeletonsfoundinLinza, Tirana, are 23 As said, thelackofarchival data, and DOCUMENTATION 22 Documentation Documentation 24 Nevertheless, T ORTURE Volume 21, Number 3, 2011 203 Forensic archaeology in Lithuania: the Tuskulënai Tuskulënai the in Lithuania: archaeology Forensic Acta Medica Lituanica 2005;12:70-4. mass grave. foren- a practical guide for non professional tation, 2010;20:45-52. Torture sic photography. Sci Int Forens graves. evidence from recent mass 1987;34:267-87. Connor In: ology of contemporarymass graves. Archaeologists as forensic eds. Scott DD, MA, Archaeol- Historical the role. defining investigators: ogy 2001;35:57-69. Am J Whites and Negroes. American long bones of Anthropol Phys 1952;10:463-514. (Basel) 1950;9:103-17. Anat Acta the long bones. adult popula- length of long bones in a Portuguese Anthropol 2000;112:39-48. Am J Phys tion. Int J taryAfricans. femora in indigenous South Legal Medicine 2008;122:293-9. Acsadi- a comparison of the based on the os pubis: Hum Nemeskéri and Suchey-Brooks methods. 1990;5:227-38. Evol Ar- Arkansas lection from human skeletal remains. Arkansas Archeological cheological Survey Survey. Research Series 1994;(44). 1987. Archaeological Missouri Society, manual. thefreeli- www. from: Available 1994. Free Library, with a Stasi past.-a014794740 brary.com/Dealing 2011). (14 June, of torturementation in Mexico: and ill-treatment 2000 to a review of medical forensic investigations, Rights 2003;7:28-49. Health Hum 2002. of persons Mass identification miss- A. Zinbo Yugoslavia: ing from the break-up of the former role of the international function and structure, Med J Croat commission on missing persons. 2001;42:271-5. for best still identify people? Recommendations Sci 2008;53:533-40. J Forensic practice. 11. Özkalipci Ö, Volpellier M. Photographic documen- M. 11. Volpellier Özkalipci Ö, 12. the archaeological Planning recovery of Skinner M. The archae- 13. Scott DD. Connor MA, WD, Haglund 14. from of stature Estimation Gleser GC. M, Trotter 15. from On the prediction of human stature A. Telkka 16. from of height Estimation Mendonça de MC. 17. using fragmen- of stature Estimation Bidmos MA. 18. age determination Skeletal Suchey J. Brooks, 19. col- Standards for data Ubelaker DH. Buikstra JC, 20. a laboratory and field Human osteology: WM. Bass 21. The Fry Dealing with a Stasi past. M. Gauck J, Docu- V. 22. Iacopino, A, Keller M, Heisler A, Moreno 23. Bomberger K, Kennedy B, Crews J, Huffine E, can we When DNA is not available, 24. JP. Baraybar 10. Jankauskas R, Barkus A, Urbanavièius V et al. V et al. 10. Urbanavièius A, Barkus R, Jankauskas ess in mass graves from the Spanish Civil War I. I. War from the Spanish Civil ess in mass graves Science International 2010;199:e27-e36. Forensic www.ghrcusa. from: Available 2010;6:4-5. Quetzal, (24 July, org/Publications/El_Quetzal/Issue6.pdf 2011). from: Available brenica-Drina (it-98-33). corps” (11 www.icty.org/x/cases/krstic/cis/en/cis_krstic.pdf 2011). July, Al- Appendix of the Albanian. in communist crime; ARCT Tirana: banian version from Luan Xhafa]. 2006:269-70. Publications, Besa Tirana: Albanian]. in translation munism; 2000:610-11. Publications, ARCT Publications, Tirana: the hell. of timony www.arct.org/pdf/81. from: Available 261-80. 2006: 2011). pdf (24 July, from: Available Publisher. Transaction NJ: wick, 2011). (28 June, www.hawaii.edu/powerkills persons [Skeletons of 13 executed arepushkatuar Available Albanian]. article in in ; uncovered www.balkanweb.com/shqiperi/zbulohen-esh- from: trat-e-13-personave-ne-dajt-ishin-pushkatuar-6167. 2011). html (24 July, and arbitrary, of extra-legal, tion and investigations UN Minnesota Protocol. summary executions. UN Publications, York: New ST/CSDHA/12. Doc. 1991. References 1. proc- Identification Prieto JP. JIC, Ovejero Rios L, 2. El American University Delegation. GHRC leads 3. “Sre- Case information Krsti sheet – Radislav ´c. 4. Antologjia e krimit komunist [The anthology of 5. Libri i zi i komunizmit [The black book of com- 6. a terrific and artistic Anthology of wounds; tes- 7. New Bruns- by government. Death Rummel RJ. 8. ishin ne Dajt, e 13 personave eshtrat Zbulohen 9. preven- Manual on the effective United Nations. Acknowledgments The authors like to thank the review- would comments for their valuable ‘Torture’ ers of RCT PhD, Modvig, Jens and suggestions. im- us his help toward Denmark also offered the quality of the manuscript.proving nature of the findings in the skeleton of in the skeleton of the findings nature Linza secret cemetery is a forensic osteologi- cal proof of cruelty of the ill-treatment and adult males mainly young victims, executed more than twenty executed (12 out of 13), during the communist period.years before, DOCUMENTATION DOCUMENTATION 204 T ORTURE Volume 21, Number 3, 2011 and bulletexitwound. Photo 2:

CT-scan reconstruction ofthetrajectory reconstructed. Photo 1: DOCUMENTATION Awholeskeleton T ORTURE Volume 21, Number 3, 2011 205 Case 2. Case 1. Photo 4. Photo 3: DOCUMENTATION DOCUMENTATION 206 T ORTURE Volume 21, Number 3, 2011 Photo 6: Photo 5:

CTreconstruction oftheskulldepictedinphoto5. Case11. DOCUMENTATION T ORTURE Volume 21, Number 3, 2011 207 CT reconstruction of the radius as depicted in photo 7. Signs of perimortal trauma in the right radius and ulna. Signs of perimortal trauma in the right radius Photo 8: Photo 7: DOCUMENTATION DOCUMENTATION