Kosovo/Kosova As Seen, As Told the series of murders near Pec in January and February 1999. 19 Summarized from the OSCE-KVM reporting of the Urosevac group trial 20 Article 23(4) of the Constitution of the FRY state that "… The detained person must be promptly informed of his right to remain silent." Furthermore, according to Article 218 (2) ZKP, "after the accused has been informed of the charges against him and the grounds on which he is suspected, he shall be asked what he has to say in his defence, and he shall be told that he need not present his defence nor answer the questions put to him." See also Article 14(3)(g) of the International Covenant on Civil and Political Rights (ICCPR). 21 Article 14(3)(b) ICCPR, Article 74 ZKP: "(1) If the accused is in custody and has been examined, defence counsel may correspond and talk to him. (2) The investigative judge may order that … the accused may converse with defence counsel only in his presence or in the presence of some particular official. (3) When the examination is completed … the accused may not be prohibited from freely corresponding and conversing with his defence counsel without surveillance. " 22 From OSCE-KVM reporting of the "Urosevac group" trial. 23 Final report from the Terrorist Trial in the District Court of Gnjilane on 16 and 17 February. 24 Article 4(2) ZKP. Article 73 ZKP "(1) After the decision is rendered to conduct the examination or after the bill of indictment has been brought without an examination …, or even before that if the individual has been examined after charges have been brought, defence counsel has the right to examine the record and the physical evidence that has been assembled. (2) As an exception, during preliminary proceedings, before the indictment has been brought, examination of certain documents or certain items of physical evidence by the defence counsel may be temporarily restricted if particular reasons of national defence or national security so require." 25 The client died on 17 August 1998 as a result of torture allegedly inflicted by members of the SDB. 26 Article 7(2) ZKP : "¼ If a judicial proceeding or the trial is not conducted in the language of that person, provision shall be made for oral translation of the testimony." 27 OSCE-KVM, Final report from the Terrorist Trial in the District Court of Gnjilane. 28 As recounted by OSCE-KVM trial monitors. 29 From OSCE-KVM reporting of the "Pec group" trial. When the OSCE-KVM requested court authorities to reconsider the presence of heavily armed police in the courtroom, the president of the court referred to an incident in 1998 when two prison guards were shot in a courtroom during a hearing. What he omitted to mention, however, was that they had been shot by another policeman who was obviously mentally disturbed. http://www.osce.org/kosovo/documents/reports/hr/part1/ch10.htm (16 of 18)12/5/2003 11:52:22 AM