Yugoslavia: Arrest of Human rights Defender in Kosovo

                                            YUG 001 / 9808 / OBS 057
                                                      11 August 1998
                                                                    
The Observatory for the Protection of Human Rights Defenders, a joint 
programme of the FIDH and OMCT, requests your URGENT intervention 
regarding the following situation in the Federal Republic of Yugoslavia.

Brief description of the situation :

The Observatory has just been informed by the Council for Defence of 
Human Rights and Freedoms in Prishtina (" the Council "), a member of 
FIDH, and by Human Rights Watch of the arrest and detention of Mr. 
Destan Rukiqi, member of the Council, who was arrested on July 23rd, 
1998, in Kosovo.

Mr. Destan Rukiqi, a 47-year old human rights activist and lawyer, had 
been working on several human rights cases and had provided 
information on war crimes, committed by Serbian special police forces in 
Drenica, to the International War Crimes Tribunal for the Former 
Yugoslavia in The Hague.

According to the information received, Mr. Destan Rukiqi was sentenced 
the day of his arrest, on July 23rd, to a maximum of sixty days for 
disturbing public order (under Article 6, paragraph 3 of the Serbian Law 
on Public Order). He is the attorney of Mr. Con Bugolli, a political 
prisoner and victim of the Serbian repression. The morning of his arrest, 
when Mr.  Rukiqi was examining the case of his client, he was prohibited 
from copying his client's declaration before District Judge Mrs. 
Marinkovic, which is authorised by law. After quarrelling with the judge, 
he was immediately brought to trial, sentenced to two months of 
imprisonment and sent to jail. He was denied recourse to appeal this 
sentence and was imprisoned before the sentence entered into force. 
Furthermore, Mr. Destan Rukiqi was denied access to all legal counsel 
and his lawyers have learnt that he has been subject to torture.

On July 30th, Mr. Destan Rukiqi was reportedly taken from the Lipjan 
prison to the Nephrological Clinic of the Prishtina University Hospital 
because he was suffering from serious kidney injuries, after having been 
beaten. According to his wife, he is in serious condition and is on 
dialysis. On August 6th, Mr. Destan Rukiqi was sent to Belgrade ; 
however, it has not been possible to determine whether he is held at the 
hospital of the central jail of Belgrade or at another hospital in Belgrade. 
The administration of the Prishtina jail has refused to communicate any 
information regarding Mr. Rukiqi's whereabouts. Furthermore, the 
Observatory would like to recall that the administrations of the Prishtina 
jail and hospital have prohibited Mr. Rukiqi from receiving visits from his 
family and lawyers since his imprisonment.  

The Observatory is gravely concerned for the physical and psychological 
integrity of Mr. Destan Rukiqi and recalls that, prior to his detention, he was in 
perfect health.

Moreover this situation occurs in the context of the development of arbitrary 
arrests in the last weeks in parallel with the armed offensive of the Serbian forces. 
Among the persons arrested are many human rights defenders, particularly from 
the Council for the Defence of Human Rights and Freedoms in Prishtina, such as : 
Mr Xhevat Haziri, President of the Council's section in Vitija, Mr. Besim 
Zymberi and Mr. Skender Ferizi, members of the Council's section in Ferizaj. 

It is now confirmed that the persons arrested are systematically subjected to 
torture. This has been the case of Mr. Rexhep Bislimi, member of the 
Council'section in Ferizaj, who reportedly died following torture on 21 July last.

Other harassments and threats to defenders such as illegal house searching or ill-
treatments on their families, are increasingly being reported.

Actions requested :

Please write to the Yugoslavian authorities urging them to :

i.- guarantee at all times the physical and psychological integrity of Mr.  
    Destan Rukiqi and locate his whereabouts ; guarantee also the security 
    of all other defenders such as Mr. Xhevat Haziri, Mr. Besim Zymberi and 
    Mr.  Skender Ferizi ;

ii.-proceed to their immediate release if they are being held without any 
    valid charges or, should the case be the contrary, ensure their right to a 
    fair and impartial trial as well as their procedural rights ;

iii.-ensure a thorough and complete investigation into the arrest and torture 
    of Mr. Destan Rukiqi, as well as into the death of Mr.Rexhep Bislimi, in 
    order to identify those responsible, bring them to trial and apply the 
    civil, penal and/or administrative sanctions as provided by law ;

iv.-in general, ensure the right to all human rights non-governmental 
    organisations and their members, to freely pursue their activities in 
    favour of human rights and conform their actions to all human rights and 
    fundamental freedoms as established in international standards.

Addresses: 

His Excellency Slobodan Milosevic, President of The Federal Republic of 
Yugoslavia. Fax : (+ 38 111) 636 775 / 682 / 167 E-mail : 
slobodan.milosevic@gov.yu

Minister Zivadin Jovanovic, Minister of Foreign Affairs Fax : (+ 38 111) 612 905

Minister Zoran Sokolovic, Minister of Internal Affairs, Fax : (38 111) 683 041 ; E-
mail : Zoran.Sokollovic@gov.yu 

Minister Zoran Knezevic, Minister of Justice, Fax : (38 111) 636 775, E-mail : 
Zoran.Knezevic@gov.yu


Geneva - Paris, August 11, 1998

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