Kosovo/Kosova As Seen, As Told 30 Article 10 ZKP addresses the basic rule further specified in the Yugoslav Criminal Code: "It is forbidden and punishable to extort a confession or any other statement from an accused or other person participating in proceedings." Article 218 (8) ZKP states that "The statement or confession may not be extorted from the accused by the use of force, threat or similar means. (10) If action is taken contrary to the provisions of para. (8) …, a court decision may not be based on the testimony of the accused. " Also stated in Article 25(3) FRY Constitution, and Article 15, UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. 31 OSCE-KVM, Report on the Trial of the "Pristina Group". 32 A test whereby a coat of paraffin is applied to the hands of suspects and later analysed in order to determine whether explosive residues were present. 33 OSCE-KVM, Trial Report on Proceedings in Prizren District Court 22 December 1998. 34 OSCE-KVM reporting of the "Pec group" trial. Later, the document in question was shown to a local UCK commander, who confirmed that the person accused had never been a member of the UCK and that the document was a forgery. 35 For example, the "Pristina group" trial. 36 It should be noted, in this context, that it was a witness court order which served as a basis for an police operation on 25 and 26 November 1997 in Vojnik (Srbica), during which the police came under fire by the UCK. In retaliation, the police returned and started shooting indiscriminately, killing a Kosovo Albanian teacher. This incident was a trigger for the escalation of tensions between the police and the UCK in late 1997. 37 Article 27(3) FRY Constitution; Article 3, ZKP. 38 For example, the "Pristina group" trial. 39 Article 347 ZKP: "(1) The court shall base its verdict solely on the facts and evidence presented in the trial. (2) The court has to conscientiously evaluate each peace of evidence individually and to frame a conclusion as to whether the fact has been proved in connection with the other evidence and on the basis of that assessment." Article 375(7): "The court shall specifically and completely state which facts and on what grounds it finds to be proven or unproven, furnishing specifically an assessment of the credibility of contradictory evidence, the reasons why it did not sustain the various motions of the principals, the reasons why it decided not to hear a witness or expert in person whose testimony or written finding and opinion were read without the consent of the principals …, the reasons guiding it in ruling on points of law, and especially in ascertaining whether a crime was committed and whether the accused was criminally responsible and in applying specific provisions of the criminal code to the accused and to his acts." http://www.osce.org/kosovo/documents/reports/hr/part1/ch10.htm (17 of 18)12/5/2003 11:52:22 AM