Kosovo/Kosova As Seen, As Told
Veliki Kicic. Police officers, whom a witness describes as speaking Albanian with Serbian accents, took
the man into the garden and shot him in the head numerous times with a machine gun. A witness stated
that the police said their action was in retaliation for an attack on their police station.
Killings by NATO
As noted in the introduction to this report, the methodological framework of this report does not include
addressing events that were beyond the reach of the OSCE-KVM's investigation and reporting efforts.
For the period from 20 March, when it was deployed in Albania and the former Yugoslav Republic of
Macedonia, the majority of the casualties in Yugoslavia of the NATO air campaign were beyond the
reach of the OSCE-KVM. The framework of this report nevertheless incorporates an analysis of
incidents where casualties were inflicted by NATO bombing in Kosovo and where those incidents were
subsequently recounted to the OSCE-KVM by refugees. Two incidents on the same day in April where
NATO bombed IDP convoys at Meja/Meje and Bistrazin/Bistrazhin are covered in Part V, entry for
Djakovica/Gjakova municipality, and in Chapter 13, Human shields and other endangerment of noncombatants during military operations.
Grave sites and treatment of mortal remains
Although a fundamental concern regarding the burial of bodies in armed conflict is honour and respect,
principles in humanitarian law on the treatment of the dead are prompted mainly by the right of families
3
to know the fate of their relatives. Responsibilities include searching for and recovering the dead,
burying them honourably in individual graves, as well as marking, respecting and maintaining
4
gravesites. The FRY authorities did not always fulfil their responsibilities towards the dead even before
the OSCE-KVM evacuated, but after the escalation in summary and arbitrary killings after 20 March
their practices became particularly dilatory. The full extent of violations regarding treatment of those
killed during the armed conflict in Kosovo will only be made clear in the long term, when graves are
exhumed and forensic analysis is completed. However, the procedures observed by the OSCE-KVM and
as recounted by refugees who fled to Albania and the former Yugoslav Republic of Macedonia already
indicates that the FRY authorities did not comply with their responsibilities.
The majority of Kosovo Albanians are Muslims whose religious practices require that the burial of the
deceased be carried out within a day of death. In the FRY, flexibility in observing this custom was
always necessary when a violent death was suspected. According to FRY law, examination of a corpse
and autopsy is mandatory when there is suspicion or it is obvious that death was caused by or related to
the commission of a crime, and it was not always reasonable to expect this to occur within 24 hours of a
5
death.
However, on some occasions, the Serbian authorities' negligence toward the dead adversely affected any
later investigation into the killings. Following the killings of 45 people in Racak described above, bodies
were left in the open, leaving them vulnerable to interference by animals. Bodies were moved to several
http://www.osce.org/kosovo/documents/reports/hr/part1/ch5.htm (11 of 15)12/5/2003 11:50:53 AM
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