Kosovo/Kosova As Seen, As Told around 10:00 hours and the same again at 16:00 hours. … [When going to the toilet] we were just washing our face quickly with cold water. The schedule was three times a day. But any time we had to go to the bathroom, we were sure in advance to be beaten. So it was better not to go. … When the cook [came] to distribute the bread, he [would make us say]: "Long live Serbia!" Otherwise [there was] no bread. Also the Serbian prisoners were free to come and beat us. … We were often beaten on our hands. … At any moment, we had to [hold] our ears, [in order] not to hear the screams." 33 As this example showed, the treatment of detainees, especially according to reports referring to the period after the OSCE-KVM's withdrawal, was often anything but humane and respectful of human dignity. During the Serbian offensive, garages, empty private buildings, factories, schools, barns and other buildings were used as improvised detention facilities, which had even lower standards than ordinary prisons. This type of detention was most often accompanied by ill-treatment or torture. When detainees arrived at Smrekovnica prison they had to run the gauntlet of lines of guards, and were all beaten severely at this time. Conditions of detention at the prison were humiliating: cells were overcrowded, detainees were deprived of food and water, and toilet facilities were lacking. In all cases, when the victims described their detention in Smrekovnica prison, they mention the fact that before, during and after the continuous process of interrogations they were severely beaten. At the interrogations they were asked questions about their connections with the UCK and forced to sign statements admitting 34 their membership of the UCK. One statement described the document the detainees were forced to sign: On the second day in prison we were given a document with the statement on the back dealing with Yugoslavian law on terrorism. The front page was empty. Stated on this document was "you are accused of taking part with the UCK against the Serbian armed forces from March to 16 May". The prisoners believe this document was written [in such a 35 way that the] one whose name is on the document could never return to Kosovo. According to Article 24 of the Constitution of FRY (and the almost identical Article 16 of the Constitution of Serbia) "…The length of detention [before trial]must be of the shortest possible duration." The Criminal Procedure Code institutes a maximum of six months. In practice, this maximum rule tended to be taken as stipulating the time expected to be spent in detention before trial. There were frequent cases of this time limit expiring without a formal bill of charges being presented. The reason for this was often the complete lack of evidence for any criminal offence. Often, persons were found guilty, convicted for time served and released. Hence, the state would not have to compensate for any damages incurred for being wrongfully detained, as guaranteed by the Constitution. Impunity and lack of redress http://www.osce.org/kosovo/documents/reports/hr/part1/ch9.htm (11 of 16)12/5/2003 11:52:05 AM