Kosovo/Kosova As Seen, As Told corresponded to the claim of legitimacy and procedural correctness. With respect to procedure, the UCK asserted that each brigade in the UCK had a military police chief who had the authority to indict according to UCK military rules. UCK officials claimed that when people were indicted they were held in detention for up to two to three months before being brought before a military court, which was said to be composed of a board of judges, an investigative judge, and a jury, all of whose members were lawyers or officers; the OSCE-KVM was not permitted to observe these trials. The OSCE-KVM was assured that the ill-treatment of detainees/prisoners was forbidden according to the Geneva Conventions and the UCK "Criminal Code of War" and that should it nevertheless occur, disciplinary action would be taken. According to the UCK military police, conditions for the detainees were the same as for UCK fighters themselves, that is, they received food three times a day, were able to work and walk outside, and had access to toilets and showers. Even family visits and medical assistance were possible whenever 40 the circumstances allowed. However, there were a number of reports of ill-treatment and killings of people abducted by the UCK. An illustrative example of detention by the UCK occurred on 11 February 1999 in Racak/Racak and Stimlje/Shtime. The UCK abducted nine Kosovo Albanians in Racak, either during the funeral of the victims of the mass killing of 15 January 1999 or on their way back to Stimlje after the funeral. They were detained by armed young men dressed in black civilian clothes and were driven in private cars to Petrovo. All of them stayed in a stable for the following night. Two later said that they had been illtreated. Most of them were interviewed by the UCK Commander of Petrovo and informed of the reasons for their detention: "having a brother working with the police and being suspected of having weapons; drinking with Serbs and having Serb friends; having a police officer as a friend." They were all released in the evening of 12 February but most of them stayed the night in Petrovo because they were afraid to go back home that late. 41 In a meeting on 22 February, the UCK confirmed that nine people had been detained on 12 December 1998 in Dramnjak/Dramnjake (Stimlje) and gave assurances that they were alive and well treated. The reasons for holding them were given as: "prostitution, relations with Serbs, suspected espionage activity". They were awaiting further proceedings against them. The UCK said that their families could send them letters and clothes through the UCK command in Petrovo. 42 However, the UCK admitted that 43 Serb policemen who had been detained had not been treated in the same way as other prisoners. The OSCE-KVM was denied a copy of the UCK's "Criminal Code of War", so had no information about any punishments laid down by the UCK for people convicted under this code. Notes 1 Articles 23 and 24, Constitution of the FRY; Articles 1(2) and 190(2) ZKP. http://www.osce.org/kosovo/documents/reports/hr/part1/ch9.htm (13 of 16)12/5/2003 11:52:05 AM

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