Kosovo/Kosova As Seen, As Told 8 Protocol II is applicable to conflicts between a state's armed forces and "other organized armed groups which, under responsible command, exercise such control over part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol" (Article 1(1)). 9 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 1: "1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected or having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful actions." 10 However, several international instruments set detailed standards for the treatment of detainees. See, e.g., the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (Body of Principles), adopted by the UN General Assembly in 1988, and the Standard Minimum Rules for the Treatment of Prisoners, adopted in 1955 by the UN Congress on the Prevention of Crime and Treatment of Offenders. 11 On 8 March, the Chief of police of Suva Reka explained that the local police were not involved in alleged beatings and torture by striking legs and soles of the feet of detainees with rubber batons to extort statements. He added that a Special Security Force investigates people in such a manner whenever it suspects terrorist activity. These units, he further explained, were out of his command and were placed higher up in the chain of command. RC1 CC3 Meeting report. 12 A/0929 includes the statements by both the mother and wife. At the time when this interview was given the man was believed to be still in Kosovo. No corroborating medical evidence was available. 13 M/1413, a similar statement is contained in M/0670, but there the torture was described as having taken place in a school in Pristina. 14 M/1389. 15 M/1777. 16 M/1617. 17 A/0764. 18 PE/03/014/99. 19 Following another incident involving this policeman, OSCE was informed that he would be transferred, and, http://www.osce.org/kosovo/documents/reports/hr/part1/ch6.htm (11 of 12)12/5/2003 11:51:07 AM