ABOUT THIS DOCUMENT SERIES
The international community is looking on as the security situation in Kosovo province of the Federal Republic of Yugoslavia deteriorates and even minimal respect for human rights is withdrawn. Serbian police and military operations, although ostensibly directed at the armed opposition Kosovo Liberation Army (KLA), have led to hundreds of civilian deaths, many apparently a result of deliberate or indiscriminate attacks. Attacks on civilians have been part of the reason why tens of thousands of people have fled their homes. Members of the KLA have also been responsible for human rights abuses.
As part of its response to the unfolding crisis, Amnesty International is documenting the appalling human rights violations that have been and are being committed in Kosovo province.
The first reports, which together form ‘Series A’, were published in June and July 1998 and deal with events to June 1998. These reports document a systematic and long-standing pattern of human rights violations in the years and months leading to the present crisis, and which included torture and ill-treatment by police, deaths in police custody, and unfair trials of political prisoners. These documents are:
A#1: Background: A crisis waiting to happen (AI Index: EUR 70/32/98). A summary analysis of the causes of the present crisis, and Amnesty International’s recommendations to the international community, the Yugoslav authorities and the KLA. A#2: Violence in Drenica (AI Index: EUR 70/33/98). A detailed analysis of arbitrary killings and extrajudicial executions during police and military operations in February-March 1998 in the Drenica region (a precursor to events in June), and reports of KLA abuses. A#3: Deaths in custody, torture and ill-treatment (AI Index: EUR 70/34/98). A survey of the widespread use of torture and ill-treatment against detainees and on the streets against demonstrators, including recent detailed victim testimony and photographic evidence from 1998. A#4: Unfair trials and abuses of due process (AI Index: EUR 70/35/98). A survey of ongoing failures in the administration of justice in political cases, including details of four political trials in 1997-98. A#5: Ljubeni and Poklek: A pattern repeated (AI Index: EUR 70/46/98). Extrajudicial executions and “disappearances” in May 1998 in scenarios which repeat those of earlier police abuses in Drenica.
The second series, ‘Series B’, of which this report, B#1 Human Rights violations against women in Kosovo province (AI Index: EUR 70/54/98) is the first, deals with events that have taken place since June and sets out to examine some of the human rights themes and wider issues emerging in the course of the present crisis.
Amnesty International’s reports are based largely on information gathered during missions by the organization to the Federal Republic of Yugoslavia in March and June 1998 to investigate human rights violations. In addition, information was supplied by local human rights monitors in Kosovo and Belgrade, local lawyers, foreign and local journalists and other individuals. Amnesty International is grateful for the assistance it has received from these sources.
Cover photograph: Women and children fleeing the armed conflict in Kosovo province. ©Amnesty International
INTERNATIONAL SECRETARIAT, 1 EASTON STREET, LONDON WC1X 8DJ, UNITED KINGDOM 3
Women’s rights are human rights and human rights are not only universal, they are also indivisible. A woman who is Womenarbitrarily from detained, all walks tortured, of life have killed, been made targeted to "disappear" for human or rights jailed abuses after anaround unfair the trial world. has, apartIn some from cases, being the denied reasons her are connectedcivil and politicalwith a woman’s rights, no occupation chance of exercisingor peaceful, her legitimate social, economic activities. and Governments cultural rights.* detain women who are lawyers, journalists, teachers, human rights activists, political activists, community organisers and members of many other professions. In other cases, women’s human rights are violated because of their ethnic origin or religious beliefs.
Some women are subjected to human rights violations merely because they happen to be the wives, mothers, daughters or friends of people whom the authorities consider to be "dangerous" or "undesirable". These women are threatened, detained as substitutes for their relatives, ill-treated, tortured or even killed as governments attempt to exert their will over those closely connected with them. Countless women are forced to live in the shadow of another person’s "disappearance". A woman may suddenly become her family’s sole source of support just at the time when she is facing the absence of a close relative and is trying to locate the "disappeared" victim. She may be effectively widowed by her husband’s "disappearance", yet unable to claim state or other benefits because her husband has not been declared dead, officially or legally. Women constitute the majority of the refugee and internally displaced adult population and have been the victims of sexual abuse by police, soldiers or other government agents. Many of these women lack the support systems which would be provided in their own communities or by their close relatives.
* From HUMAN RIGHTS ARE WOMEN’S RIGHT, the report with which Amnesty International launched its 1995 campaign for the protection of women’s human rights.
FEDERAL REPUBLIC OF YUGOSLAVIA A Human Rights Crisis in Kosovo Province Human rights violations against women in Kosovo province
Introduction I. Ill-treatment
In areas of civil turmoil or armed conflict, Torture and ill-treatment appear to have been women are particularly vulnerable to human by far the most frequent human rights rights violations. They are often subjected to violations perpetrated by police in Kosovo brutal treatment simply because they live in a province. Since 1990 ethnic Albanians particular location or belong to a particular opposed to the Serbian and Federal group. authorities have operated parallel institutions in the fields of education, medical and social This report aims to illustrate the aid, and much of the harassment by police, human rights situation of women, primarily including physical ill-treatment, has been ethnic Albanian women, in Kosovo province directed at those involved in some way with of the Federal Republic of Yugoslavia by these parallel institutions. However, many highlighting a number of representative people who were not themselves active cases. The report does not claim to depict the were also victims, and their ill-treatment full range and severity of human rights might be described as “random” or even violations against women which have taken “routine”. Generally the worst instances of place and which, as armed conflict persists, ill-treatment have occurred in police stations continue to occur daily. Ethnic Albanian where it frequently amounted to torture. women are the victims of human rights With recent developments, Amnesty abuses now, but since the early 1980s there International’s concerns in these areas have have been cases in which ethnic Albanian increased. Recently, hundreds of ethnic women have shared the fate of many of their Albanians have been ill-treated during menfolk and like them have been arbitrarily peaceful demonstrations. detained, ill-treated and convicted in unfair trials. With the outbreak of armed conflict, Ill-treatment in custody they now also face mass forced displacement and the risk of deliberate and arbitrary Besa Arllati is the chairperson of the killings. However, as in almost all instances Information Commission of the Djakovica of armed conflict, victims are not confined to (Gjakova) branch of the Democratic League one side only. The Serbian and Montenegrin of Kosovo (LDK). Amnesty International community, including its women, also has its delegates heard her story. On 25 May she victims; these too have their place in this was summoned to report to the local police. report. She did not respond to the summons.
The following morning Besa Arllati took her to the local police headquarters. was arrested by two police inspectors who They reportedly gave no reason for her
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arrest. On arrival at the building she was about 30 hours. Every hour she was taken to the office of the Chief Inspector, observed through a spyhole in the door, who greeted her with insults, one of which verbally abused and ordered to stand up, was to call her an “immigrant”. When she despite her exhaustion. The following day, replied that she had family roots in the area 27 May, she was accused of having influence stretching back for generations, he reportedly sufficient to secure the return of the missing lost his temper and began to hit her violently, policemen, and was released at 4pm with drawing blood, although she was able to orders to return the following morning at remain standing. This beating lasted about 9am. five minutes. He then began to question her On this second occasion she was about the whereabouts of various ethnic detained until midday, again subjected to Albanians. When another officer, whom she verbal abuse and questioning, and told to believes to have been from outside the return again the following day. The next day district and currently attached to the local she was ordered to return home and change police, began to punch her on the head she into casual clothing because she would be continued to defy them with the words: “Why taken to the zone of conflict. However, when are you using physical force, when you have she complied with this request she was taken guns in your belts? Draw them and see if I’m home and told to report again the next day at afraid.” She insisted that all her activities 8am. When she did so, she was told to hand had been legal. over her rings and her watch, and again The police then accused her of taken to the cellar where she had previously having information about the disappearance been held. During this period she was of two Serb police officers they believed had questioned about the activities of the LDK, been kidnapped by the armed opposition and was eventually released late in the Kosovo Liberation Army (KLA, or in evening of 1 June. Albanian Ushtria Çlirimtare e Kosovës, UÇK). When she denied any knowledge of On her release she sought medical the incident she was taken to another office attention, complaining of headaches and for further questioning. dizziness, and stated she was still receiving Following this interrogation, during treatment when interviewed some days later which she continued to deny any by an Amnesty International delegate, who wrong-doing and stated her intention to observed bruising to her hands which was remain silent if they continued to ill-treat her, consisted with her account. she was taken to a cellar that she describes as fit for neither man nor beast, fouled with Ill-treatment in the context of demonstrations urine and faeces, where she was left for
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Besa Gaxhere (34) is an economist, living in the city of Pe (Peja) who is also a member of the Women’s Forum of the LDK. On 18 March she had joined several thousand other citizens in one of a series of demonstrations called to protest at the killings of dozens of people in the Drenica area1 that had occurred earlier in the month, and was standing in the front row of a large group that had gathered in the Dardania area of the city. According to her account, a large group of police suddenly rushed at the crowd and began to beat them. She herself sustained blows and found herself, together with some others, surrounded by a group of police officers, whom she over Serbia started to arrive for a observed beating an old man and forcing him demonstration which was held that afternoon to the ground. At this point she was in opposition to the ethnic Albanians’ approached by a Serb civilian (known to demands. The atmosphere in town was very her), who said: "I’ve been looking for you for tense that day. Police did not break up the a long time now", and began to punch her on morning demonstration but instead beat or the head. She reported that as a result she otherwise ill-treated some of the ethnic nearly lost consciousness, and that other Albanian demonstrators as they were civilians and police continued to beat her dispersing. with truncheons and punch her, blaming her Nineteen-year-old student Vlora for organising the protests, until she was able Maliqi was among the victims as police to escape from the melée. moved against a small group of ethnic In the meantime the police had Albanians who were standing near to the reportedly begun to fire automatic weapons, Philosophy Faculty of the (state) university. and she eventually found refuge in a nearby Friends who were with her managed to evade house where she was able to rest. She had the police cordon, but despite the attempts of suffered bruising to the head and face, and one friend to help her, Vlora was struck reported that two days later she still suffered down and beaten. from disturbed hearing. Vlora Maliqi told Amnesty At around 11am on 18 March ethnic International representatives in March 1998: Albanians also demonstrated in Priština (Prishtina). At the same time Serbs from all “Six policemen beat me yesterday, they hit me everywhere. They kicked me all over my body... they pushed me to the ground, pulled 1 Described in A Human Rights Crisis in my hair. They turned me over to hit me on Kosovo Province, Series A Document #2: Violence in Drenica, February-April 1998, AI Index: EUR the back and then in the stomach". 70/33/98. Vlora Maliqi showed Amnesty
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International delegates bruises to her face, back, legs and arms which were consistent Ill-treatment in the context of other police actions with her account. On 10 June 1998 members of staff of the themselves or others2. Such practices are in (parallel) university of Priština, were holding violation of Yugoslav law and international a regular end-of-term meeting to discuss standards for fair trial, but “confessions” routine administrative matters. Amnesty obtained with these methods are frequently International delegates were later able to used as the basis for convictions, often with interview some of those present and their little corroborating evidence. account states that at around 1.20pm a group of between four and eight uniformed police Fair trial concerns and fear of ill-treatment burst into the room and began to beat and insult the 26 people present. When these Zahrije Podrimçaku (28), from the village attempted to escape via the door to the of Novo ikatovo (Çikatovë e Re), is the corridor, the only exit, they found a further secretary of the local branch of the Council group of police waiting there, who also for the Defence of Human Rights and began to beat them with rubber truncheons Freedoms (CDHRF) in Glogovac. She had and long batons as they attempted to leave previously been the treasurer of the local the building. The police reportedly gave no Finance Committee of the parallel education reason for their presence. system set up following the effective Dr Afërdita Zuna, Suzana suspension of Albanian language education Çapriqi and Linda Salihu were among (except in primary education) in the state-run the victims. The majority of the blows were system after the repeal of Kosovo’s reportedly directed at their heads and bodies. autonomous status in 1989. On 8 June 1998 The police did not pursue them once they she was arrested near the CDHRF offices in had left the building, but several of the Priština, by a group of police officers who victims later sought medical treatment for reportedly did not identify themselves, but injuries, including bruising, wounds and brandished their revolvers instead. Ibrahim fractures, and for shock. Some suffered Makolli, another member of the CDHRF, injuries to their hands when they tried to was arrested at the same time. He was later shield their heads from blows. released following questioning, but Zahrije Podrimçaku remained in detention, and her II. Unfair trials whereabouts were not made known to her relatives for several days. The Serbian and Federal authorities have On 12 June the District Court of consistently failed to ensure fair trials in Priština started an investigation against her political cases in Kosovo province. Suspects on charges of “Association for the purpose are often detained, without access to defence of terrorist activity” under Articles 136 and lawyers, family or doctors, for days, or 125 of the Yugoslav Criminal Code. She is sometimes even weeks, while police specifically accused of having, together with interrogate them, using various forms of ill-treatment or torture to force them to give 2 Described in A Human Rights Crisis in and sign "confessions" incriminating Kosovo Province, Series A Document #4: Unfair trails and abuses of due process, AI Index: EUR 70/35/98
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others, founded a KLA cell in the village of prison in Lipljan (Lipjan). No date has yet Lauša (Llausha), near Srbica (Skënderaj), been set for a trial. and of having procured a gun and military uniforms for another member of this cell. She is currently detained in the women’s On 1 June police entered the organization fears, however, that the two offices of the LDK in the town of women are at risk of ill-treatment and of Djakovica (Gjakova) and arrested an unfair trial. Mevlyde Sarraqi, a teacher and a mother of five children. She is the secretary of the This is also the case for Shukrie local Women’s Forum of the LDK, and a Rexha (33), a medical student and member of Kosovo’s parallel parliament. She has been charged with member of the LDK, and Majlinda Sinani “Association for the purpose of hostile (24), a student teacher, who were among activity”, under Article 136 paragraph 1 of a group of 20 ethnic Albanians tried on the Yugoslav Criminal Code; specific similar charges in May 1997. Both were charges include “leading demonstrators on accused of being a member of the the streets of Djakovica...organizing a National Movement for the Liberation of group which offered medical assistance to Kosovo (Lëvizje Kombëtare për Çlirimin members of the KLA, and taking part in e Kosovës - LPÇK), described as an the arming of Albanians and supporting illegal organisation calling for the plans and preparations for attacks on the independence of Kosovo, and of writing police and the Army of Yugoslavia.” As in the case of Zahrije for and distributing its magazine Çlirimi Podrimçaku, information concerning her (Liberation). whereabouts was at first withheld from her In a statement to the court, family, and when it was made known that Shukrie Rexha claimed that during her she was being detained in the women’s questioning she was subjected to prison in Lipljan, her husband was psychological and physical ill-treatment, reportedly not permitted to visit her despite and that - in violation of the Code of having obtained permission from the Criminal Procedure - she had been investigating judge in Prizren. He was told further interrogated by police on three by the prison authorities that such visits occasions after her hearing by the would only be permitted on the 1st and the 15th of each month. Mevlyde Sarraqi’s investigating judge. She denied being a lawyer has reportedly not been allowed to member of the LPÇK, although she had visit her except in the presence of prison written three articles for Çlirimi and had guards; he reportedly suspects that been involved in its distribution. In a Mevlyde is unwilling to relate details of further statement on the final day of the ill-treatment by police for fear of reprisals. trial she said: “If the pen, and the Amnesty International cannot expression of opinion, can be considered confirm whether the charges brought in as terrorist methods and deeds, then we these two cases have any substance. The are all terrorists.”
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Her lawyer had also complained she had been questioned on 12 occasions that on occasion she had been unable to by the police after her hearing by the obtain free access to her client. investigating judge. Majlinda Sinani, who also denied being a member of the LPÇK, stated that The sentences imposed on the February-April 1998, AI Index: EUR defendants at this trial ranged from 10 70/33/98. years to 18 months’ imprisonment. Rukije Nebiu, an ethnic Albanian Shukrie Rexha was sentenced to three housewife, lived in the village of irez (Qirez) in the Drenica area of Kosovo with and Majlinda Sinani to two years’ her husband Xhemshir Nebiu and their two imprisonment. They were released from small children Valon and Valentina. On the custody to await the result of an appeal evening of 28 February 1998 police armed to a higher court. To Amnesty with machine guns and rocket-propelled International’s knowledge, this appeal grenades launched an attack on their village and the neighbouring village of Likošane has not yet been heard. (Likoshane), backed up by helicopters and
armoured vehicles. The attack continued into III. Unlawful killings and extrajudicial executions the early hours of the following morning. Although armed KLA men were present in Amnesty International is seriously concerned the village and offered resistance to the that ethnic Albanians may have been police, they were heavily outnumbered and unlawfully killed and extrajudicially greatly inferior in weapons, and soon executed in the course of certain police withdrew, allowing the police to move in. operations against the KLA. The available At least 26 ethnic Albanians were killed in information indicates that in a number of the two villages. Four police officers were instances police used excessive force and also Amnesty International believes that most deliberately targeted houses regardless of the of the ethnic Albanians who died were killed fact that often women, children and unarmed after the KLA’s withdrawal. men were sheltering in them. In such Rukije Nebiu was killed in her incidents there appears to have been no attempt to effect the arrest of armed suspects with the minimum use of force in order to protect life, as is required by both national and international law. Police forces appear to have acted as a military force and as though under orders to eliminate suspects and their families. The following incidents are also described in detail in A Human Rights Crisis in Kosovo Province, Series A Document #2: Violence in Drenica,
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house; pictures of her body suggest that she was shot in the head with a high velocity weapon. At the time of her death she was pregnant with her third child. On 5 and 6 March special police forces carried out an operation and then, when the firing ceased, how she at the village of Donji Prekaz (Prekaz i found the dead bodies of her three sisters and Pushtëm), in the Drenica region, during then of her mother and four brothers. which at least 54 people were killed. Ten Because of the lack of other witnesses and women from the same extended family were the concealment or destruction of evidence, killed: Adile Jashari, Afete Jashari, it is extremely difficult to reconstruct what happened in the compound except for what Bahrije Jashari, Elheme Jashari, Feride the girl told journalists after her escape. On Jashari, Hidajete Jashari, Salë Jashari, the basis of what can be ascertained or Selvete Jashari, Zahide Jashari and Zarife deduced, it appears that each family or group Jashari. Nine children, also from this of families gathered women, children and extended family and ranging in age from men who were not carrying arms into the eight to 16 years, were also among the dead: safest room in each house, while some or all Besim Jashari (m), Blerim Hamzë Jashari the male members of each family attempted (m), Blerim Zenë Jashari (m), Blerina to repel the police attack with arms. Jashari (f), Bujar Jashari (m), Fatime Although full information about Jashari (f), , Igball Jashari (m), Igballe what happened in Donji Prekaz on 5 and 6 Jashari (f) and Kushtrim Jashari (m). March is still not available, Amnesty The main target of this operation was International is seriously concerned that at the home of Adem Jashari. He had been least some of those killed may have been convicted in absentia of “terrorism” in an extrajudicially executed and that others may unfair trial in a court in Priština in July 1997 have been unlawfully killed as a result of the and sentenced to 20 years’ imprisonment3. excessive use of force. The only reported survivor from the To Amnesty International’s compound where Adem Jashari’s closest knowledge, to date there has been no attempt family members lived was an 11-year-old to carry out any investigation into these girl, B.J., who spoke to foreign and local killings. journalists. 4 She told reporters how her family sheltered together during hours of 5 firing in which her house was repeatedly hit IV. "Disappeared" and "missing" persons Ethnic Albanians
3 The trial is described in A Human Rights Crisis in Kosovo Province, Series A Document #4: 5 Much of the information in this section Unfair trials and abuses of due process, AI Index: is derived from the report Kosovo - EUR 70/35/98. Disappearances in times of armed conflict, 15 January - 30 July 1998, published in July 1998 by 4 Kosovo’s silent houses of the dead, the Humanitarian Law Center (HCL), a Sunday Times (London) by Marie Colvin, 15 March Belgrade-based human rights organisation. 1998.
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In the aftermath of the police operation at inhabitants had abandoned the village, but a Donji Prekaz on 5-6 March, a large number few remained behind; among them were of people was reported missing, among them Krstiva Šmigi and her relatives, Sultana the women Hafije Jashari (60), Elfije Šmigi (72) and her husband Milosav (75), Jashari (28), Mihrije Jashari (53) , Sabrije and Aleksandra (Lenka) Šmigi (c.75) and Jashari (20), Hanife Jashari (16), Hajrije her son Radomir (54). Krstiva Šmigi later Jashari and Fatime Bazaja (21). informed HLC researchers that, upon seeing Fifty-four people who had lost their lives in armed KLA men enter the village, she ran the operation were buried, amid some over to Milosav and Sultana’s house. When confusion and apparently without proper these men asked them:”What are you doing identification procedures and autopsies being here? This is Albania, there’s nothing for you carried out by the competent authorities. here”, Milosav replied "Till now this was Eighteen of the bodies were thus buried Serbia but even if it’s Albania, we’ll talk it without being identified, and it is to be over and live together on good terms”. After feared that some, or all, of the above were he said this the men beat him with their rifle among them. Until appropriate measures are butts and kicked Krstiva and Sultana. They taken to identify the bodies, the relatives of then ransacked the house, set fire to the beds the missing remain stranded in anguished and bedding and said they would come back uncertainty, unable properly to mourn those in one hour. The elderly people decided to they have lost. flee. Radomir and Lenka Šmigi, who had seen from their courtyard what was going on, Serbs and Montenegrins called them over. They left Milosav in the courtyard and went over to Radomir and Among Serbs and Montenegrins believed to Lenka’s house to decide where they would have been abducted or held by members of hide. Radomir told the women to go out and the KLA are several women. On 21 April the hide in the corn field and he would hide majority of the Serb inhabitants of the village upstairs in the house. The women went of Gornji Ratiš in the Deani area fled when outside but two of them decided to return to the KLA established control over the area. the house. In the meantime, some 30 armed Among those who remained were the sisters men, some of whom were in KLA uniforms, Dara Vujoševi (69) and Vukosava had appeared in the courtyard. Ten of them Vujoševi (65), Milka Vlahovi (62) and entered and found Radomir upstairs. her husband Milovan (60). According to the Immediately afterwards, Lenka and Krstiva daughter of Milka and Milovan Vlahovic, heard screaming and Lenka ran inside the when she and her brother attempted to return house and up the stairs. Krstiva stayed in the on the following day in order to help their courtyard and heard: relatives leave, they were prevented from entering the village by members of the KLA. "... wailing and screaming, I couldn’t The fate of the four elderly people remains bear to listen to it, even God wouldn’t have unknown. been able to listen to such screams. Then I heard three gunshots and I went into the Amnesty International is also field”. concerned about the fate of the Šmigi family from the village of Leoina in the Krstiva then saw that the Šmigi’s Drenica region. By 18 May most of the Serb houses were burning. When she walked
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over to Milosav’s house the next day, calling night near the house and on the fourth night to Sultana, Radomir and Lenka, nobody went to Rudnik where she knew there were answered her. She spent the second and third police and Serbs. Amnesty International is concerned personal tragedy. They have seen their loved that Milosav, Sultana, Radomir and Lenka ones killed, their villages destroyed, their Šmigi have gone "missing" and may have livelihoods ruined. Many of those who leave been arbitrarily and summarily executed by their homes wait within sight of their houses members of the KLA. for hours, even days, before the spectacle of On 19 May Dostana Šmigi (42), destruction and looting finally forces them to the daughter of Krstiva Šmigi, set off from give up any hope of going back. her home in Srbica, in order to fetch her mother. A witness reportedly saw her car The legacy of conflicts in other parts being stopped by a group of armed of the world is that of refugees who Albanians. Her whereabouts remain survive but who bear for years the unknown, and although her family has received information that she is being held in scars from the dislocation, the village of Likovac, it has not proved traumatization and violation of their possible to confirm this. fundamental human rights. History has, time and again, shown that the V. Displacement story of refugees fleeing conflict is largely the story of women and children.
They are particularly vulnerable "...and many were women and children". before, during and after their flight Tens of thousands of people have been forced from their country of origin. Women by the conflict in Kosovo province to flee their in flight may be attacked by bandits, homes. The risks involved in flight are huge. smugglers, or other refugees. When At the mercy of dangerous border crossings, they arrive at borders they are difficult terrain and continued fighting, vulnerable to border guards or displaced families head for wherever they think security forces forcing them back or they have a chance of being safe. Families have become separated. attempting to extort money or sexual Ten-year-old Antigona Tishukaj, who favours for allowing safe passage. In became separated from her parents in the particular, women who have been chaos that surrounded the destruction of her separated from male family members village in Kosovo in June 1998, walked for are vulnerable to abuse and four days across the mountains between exploitation, and, in numerous Kosovo and Albania. She eventually was refugee movements that the world reunited with her mother and cousin across has witnessed, women refugees have the border. been subject to rape and sexual Reports about the displaced from assault. These are but a few of the Kosovo inevitably often state that "many were women and children". Each of the dangers refugee women face when tens of thousands of victims has her own conflict rages and they are forced to For those who take flight, the flee in search of safety. suffering is rarely over. Many have had to
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cross territory where battles are still raging. particular caused many to make the They are in urgent need of food and shelter. mountainous crossing into Montenegro, a Already in danger because of their position, journey beset with dangers. For those who they are even more vulnerable because of move to neighbouring villages or areas who they are - women, children and the within Kosovo, the earlier pattern of elderly. The internally displaced within hospitality, with relatives and friends Kosovo, and those who have crossed into opening their houses to a large number of Albania, continue to be at risk in some families has begun to erode. In some areas places where they have sought refuge due the internally displaced population is some to the highly volatile security situation. 30 per cent of the total local population. One aid worker reported: "Hungry children are Even humanitarian organizations have been standing in the streets in their underwear forced to withdraw from some parts of the looking for food. Residents took in refugees area due to the extremely dangerous for free at first, but with the numbers conditions. increasing they are starting to charge money. There are also acute economic The situation is terrible." The strain of this problems. For example, Kosovar refugees in influx on local populations means that there Albania have found themselves in a district is no other choice but for the displaced to which is probably the poorest in the go to collective centres - some lacking European continent, with 50 per cent necessary sanitary facilities, and other basics unemployment and barely able to support its such as electricity and water. The challenges own population. These economic problems presented to those surviving in these have been aggravated by having to deal with conditions are enormous: for example, the the large number of refugees; there is a dire vast influx into Montenegro has meant that need for international support to alleviate the many people were crammed into ramshackle situation. buildings without power, water, regular food or medical care, particularly if the humanitarian Still inside Kosovo, there have been assistance agencies trying to provide shelter reports of women hiding in their homes and and care are not able to operate safely in the basements, stranded with no place to flee to area. or, perhaps, in the hope that they will be safe if they stay where they are. Elsewhere, The continued fighting between KLA villages are deserted, and families have been and Serbian forces has rendered organized found taking refuge in woods - with only return of the internally displaced to their trees as their shelter - afraid to go back to homes out of the question, and as fighting their village. In the town of Orahovac, has spread, it has also put them at increased where fighting raged in the second half of risk. In June UNHCR representatives July 1998, thousands of people, mainly visited a camp of some 600 ethnic Albanians women and children, were found still hiding in the mountainous area between Junik in their homes and basements - many of them village and the Albanian border. "The without water and electricity. overcrowded shelters and harsh Recent estimates are that close to mountainous environment made for 200,000 people are internally displaced extremely unsanitary conditions," they later within the borders of the Federal Republic of reported. "Families [are] living in tents and Yugoslavia. Fighting in Pe and Deani in make-shift shelters made from branches, logs and plastic sheeting. People had few clothes
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and shoes. In addition, a presence of snakes, supplies were dwindling, and they lacked rodents and insects put the group at risk." access to basic medical care. Those interviewed also said their food Xhemile Tahiraj (35) from the International delegates that she was in the village of Ere (Hereq) is one of the many courtyard of her house in the early morning women who has been internally displaced. in April, preparing to milk the cows, when During the second week of April she and her she heard shooting and the sound of shelling. husband Hasan Tahiraj became concerned The family made their escape on a tractor, for her safety and that of their five year old hiding in the woods and not daring to light a daughter Eldiana. She left the village to stay fire for fear that they would be seen and shot with relatives in the nearby town of at. She believes that her house was burned, Djakovica .On 25 April Xhemile Tahiraj along with others in the village. heard that her husband was one of a group of M.H. from Shatej in the Djakovica region men from Ere killed on 23 April in a clash described her village coming under heavy on the border with Army forces while shelling and taking shelter in a cellar along attempting to obtain arms and bring them with a large number (around 80) women, into Kosovo. She decided to return to the children and elderly people. Although the village to say a last farewell to her husband, shelling continued she and her daughter and travelling by village paths as she feared using grandson headed for the village of Gramoçel the main road would be unsafe. where they sheltered for three nights. Albanian sources have claimed that Although she reported that the shelling was there was some shelling of the village that less heavy, she was wounded in the leg, and day, Xhemile Tahiraj said that she decided to she finally made her way to Djakovica, return to her house, as she heard gunshots although shooting continued. and the sound of shelling. She said: The plea in July 1998 of Sadako "I opened the gate into the courtyard, and Ogata, United Nations High Commissioner was about to enter when I felt that I was for Refugees, is a grim reminder of her call wounded and my legs gave way beneath me. to the international community for help I noticed blood on my hand. My daughter Eli during the crises in the Great Lakes region of was also bloody. I barely managed to get Africa and elsewhere in the former inside and call for help before I collapsed Yugoslavia: unconscious". "The situation in Kosovo is Xhemile Tahiraj was helped to a deteriorating... I must emphasize that while private doctor, and later transferred to UNHCR and its partners stand ready to hospital in Djakovica, where she required an continue to help the victims, firm political operation to remove a bullet from her leg. action is urgently needed to resolve the Although her daughter had lost blood from crisis." her injury she did not require an operation.
Many women have said that they were forced to leave villages under indiscriminate attack by Serb forces. F.H. from the village of Popoci told Amnesty
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12 Human Rights Crisis in Kosovo Province: Human rights violations against women
Document Series B.#1. AI Index: EUR 70/54/98 Amnesty International August 1998
Human Rights Crisis in Kosovo Province: Human rights violations against women 13
Amnesty International’s recommendations for their infants. . preventing and remedying human rights • Recording the duration of any violations against women in Kosovo interrogation, the intervals between interrogations, and the identity of the A. To the Federal Yugoslav and Serbian authorities: officials conducting each interrogation and other persons present. Female
guards should be present during the A1. The authorities should exercise effective interrogation of female detainees and control over all members of their security prisoners, and should be solely forces involved in police and military responsible for carrying out any body operations against armed ethnic Albanian searches of female detainees and opposition groups in order to prevent human prisoners to reduce the risk of rape and rights violations from occurring. They must sexual abuses. There should be no issue strict orders that extrajudicial contact between male guards and female executions, deliberate and indiscriminate detainees and prisoners without the attacks on civilians, torture including rape, presence of a female guard. detention without charge or trial and forcible • Providing all women under any form of expulsions will not be tolerated under any detention or imprisonment with circumstances and that those responsible will adequate medical treatment, denial of be held criminally responsible for their which can constitute ill-treatment. They actions. should also have the right to be examined by a doctor of their choice. A2. The authorities should cooperate fully • Conduct prompt, thorough and impartial with intergovernmental institutions such as investigations into all reports of the International Criminal Tribunal for ill-treatment or torture of women in former Yugoslavia (Tribunal) in its custody. Any law-enforcement official investigations and prosecutions of cases of thought to be responsible for such acts, or for encouraging or condoning them, serious violations of humanitarian law should be brought to justice. against women. A4. The authorities should stop persecution A3. The authorities should take immediate of women because of their family and effective steps to prevent ill-treatment connections by: and torture of women in custody by: • Releasing immediately and • Ensuring that all female detainees have unconditionally any women detained, prompt access to legal counsel and imprisoned or held hostage solely family members after their arrest and because of her family connections; the regularly throughout their detention or practice of ill-treatment to women in imprisonment. Families should be order to bring pressure on their relatives informed immediately of any arrests and should not be tolerated. Anyone be kept informed of the whereabouts of responsible for such acts should be the detainee or prisoner at all times. brought to justice. Women in custody should be consulted over arrangements made for the care of • Providing fair and adequate redress to custody, including financial relatives of victims of "disappearances", compensation. extrajudicial executions and deaths in
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A5. The authorities should ensure that female rights standards. defendants receive fair trials by: A8. The authorities should provide human • Ensuring that all political prisoners are rights training for all law-enforcement treated in accordance with personnel and other governmental agents: internationally recognized standards for fair trials. • Devising and implementing effective training programs for law enforcement • Ensuring that strict standards are officials and other governmental agents maintained in the administration of which include education about national policing and dispensing of justice. In legislation and international standards particular the use of torture or regarding the lawful use of force and ill-treatment to obtain confessions firearms, and also with special attention should be forbidden and any evidence being given to women’s human rights obtained this way should not be allowed issues. to be used in court. A9. The authorities should make available • Enforcing in practice the right of a human rights education material which defendant to be interrogated in the presence of a defence lawyer of her promote women’s rights as human rights choice, as required under Article 29 of (giving special emphasis to education the Constitution of the Federal Republic designed to make women aware of their of Yugoslavia and Article 24 of the rights and to make society at large conscious Serbian Constitution. The Code of of its duty to respect the human rights and Criminal Procedure should be brought fundamental freedoms of women). The into harmony with the Constitution and authorities should also facilitate the work of international human rights standards as international organizations soon as possible. (intergovernmental and non-governmental) in this regard. A6. The authorities should as a matter of urgency provide information to relatives and international organizations, in particular the B. To ethnic Albanian armed opposition groups in Kosovo International Committee of the Red Cross province: (ICRC), on the whereabouts and fate of all women who have "disappeared" and ensure B1. Leaders of the Kosovo Liberation Army that those responsible for this human rights (KLA) and any other armed opposition violation are brought to justice and the groups in Kosovo province should victims and their relatives compensated. strengthen the chain of command and ensure that all forces under their control comply A7. The authorities should guarantee that with by basic humanitarian law principles as members of non-governmental organisations set out in common article 3 of the Geneva working peacefully for the promotion and Conventions of 1949, and Protocol II to the protection of women’s human rights and Conventions, which prohibit hostage-taking, women activists enjoy all rights set out in the and the torturing and killing of those taking Universal Declaration of Human Rights no part in hostilities. (UDHR) and other international human B2. The KLA should ensure that they resolve the fate of people reportedly detained cooperate with the ICRC, in particular to by its members.
Document Series B.#1. AI Index: EUR 70/54/98 Amnesty International August 1998
Human Rights Crisis in Kosovo Province: Human rights violations against women 15
special protection needs of women in flight according to the internationally agreed C. To the international community standards on the protection concerns of refugee women. C1. The international community must live up to its responsibilities to protect those Further recommendations to the international forced to flee and ensure that those fleeing community can be found in A Human human rights abuses in Kosovo are not Rights Crisis in Kosovo Province, Series A forcibly returned to the region where they are Document #1: Background: A crisis waiting at risk of serious human rights violations. to happen, AI Index: EUR 70/32/98.a) C2. Particular attention must be given to the
Amnesty International August 1998 Document Series B.#1. AI Index: EUR 70/54/98