Kosovo/Kosova As Seen, As Told
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Misdemeanours. Although no trials involving terrorism charges would be heard at those courts, many
charges relating to the conflict, as well as cases with a human rights dimension such as those concerning
property and housing, and minor criminal offences which could lead to punishment involving
imprisonment, would be dealt with at these levels.
The OSCE-KVM encountered serious problems obtaining information on trial schedules, and was
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sometimes probably even deliberately misinformed on when or where a trial would take place. Many
trials were postponed, often for no obvious reason (and although no new evidentiary material was to be
expected), while the detention of the accused was regularly prolonged by court decision.
In Pristina only three large cases were monitored, each stretching over several weeks as sessions were
often postponed ("Urosevac group" - 26 accused, four weeks in session in January and February;
"Pristina group" - eight accused, seven days in session in February and March; another case with one
defendant, two sessions on 19 February 1999). In Pec, 35 trials involving terrorist charges were
monitored at the District Court, the highest number of defendants in a single case being 14, with most
cases involving only one or on average two or three defendants. In Djakovica/Gjakova, one trial was
monitored at the Municipal Court. In Gnjilane, one trial with 16 defendants was monitored.
In Prizren, the OSCE-KVM first started to monitor terrorism trials in December 1998. At a trial on 28
December at least 30 people were accused in the same case, although only 26 defendants were present
during the court proceedings. The OSCE-KVM monitored two further trials in February (seven
defendants) and March (24 defendants, all of whom were found guilty of terrorism). In that region the
OSCE-KVM established a good working relationship with the local judges and even achieved a visible
improvement in the conditions in the courtroom, as court guards carried only small arms after the OSCEKVM had complained about the presence of machine-guns during the trials. In Kosovska Mitrovica,
several trials were monitored relating to terrorism charges, which resulted in prison sentences of three to
four years.
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Sentences handed down for terrorist activities could be well over 10 years' imprisonment.
The OSCE-KVM being only mandated for Kosovo, it was not in a position to cover the few trials of
Kosovo Albanians arrested in Kosovo but tried in Serbia proper. At least two types of such cases were
tried. Largest in number were the cases of Kosovo Albanians arrested by VJ forces in the border area,
particularly the FRY/Albania border. In these cases, since the VJ forces deployed in Kosovo were part
of the Third Army Corps, individuals arrested in such circumstances were detained and eventually tried
in the Military Court in Nis (Serbia), the town where that particular VJ corps was headquartered. In a
separate instance, a group of Kosovo Albanian men, originally over 50 persons, was arrested on a bus in
Podujevo/Podujeve (Podujevo) and tried in Prokuplje (Serbia) in February 1999.
Criminal law applied
http://www.osce.org/kosovo/documents/reports/hr/part1/ch10.htm (3 of 18)12/5/2003 11:52:22 AM
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