Kosovo/Kosova As Seen, As Told KOSOVO / KOSOVA As Seen, As Told PART III : The violation of human rights in Kosovo (Chapter 9) Contents Previous Next ARBITRARY ARREST AND DETENTION The right to personal liberty and to freedom from arbitrary arrest or detention have been violated on a massive scale during the conflict in Kosovo in the time frame covered by this report. Hundreds of people were arrested or otherwise deprived of their liberty by both the Serbian and Yugoslav authorities, with a complete disregard for the guarantees contained in domestic law and international standards. This was particularly the case following the Yugoslav and Serbian military operations after 20 March 1999. Individuals were also held by armed civilians, paramilitaries and criminal gangs operating outside any legal framework, as well as by the UCK. This section focuses on arbitrary arrest and detention by the Yugoslav and Serbian authorities, but also looks at human rights abuses in the context of detentions by the UCK. Arbitrary detention in Kosovo: law and practice It is important to note that Yugoslav and Serbian laws in force in Kosovo throughout this period incorporate many of the safeguards against arbitrary detention which are provided for in international standards such as the International Covenant on Civil and Political Rights (ICCPR). These safeguards include strict limits on the duration of detention, limitations on the police's powers of arrest and detention and guarantees for the respect for the physical integrity and dignity of the detainee. 1 A person reasonably suspected of having committed a criminal offence may only be detained and held in confinement on the basis of a decision of a competent court of law. Custody shall be ordered by the investigating judge of the competent court, but only when this is indispensable for the conduct of criminal proceedings or for reasons of public safety. 2 However, certain provisions of the Criminal Procedure Code (ZKP) appear to conflict with Yugoslav constitutional guarantees and international human rights standards, in that they are interpreted by 3 Serbian police as far-reaching carte blanche to detain individuals for as long as three days (72 hours). 4 Although widely criticized from a human rights perspective by Yugoslav jurists in the past, these provisions, which predate the FRY Constitution, continue to apply and give the Serbian police a welcome loophole for justifying many of its activities. http://www.osce.org/kosovo/documents/reports/hr/part1/ch9.htm (1 of 16)12/5/2003 11:52:05 AM