Kosovo/Kosova As Seen, As Told 36 Article 174, KZSRJ. According to Article 189, KZSRJ, "an official who, in the course of his duty, unlawfully deprives another person of his freedom of movement, shall be punished with three months' to five years' imprisonment. If the unlawful deprivation of liberty lasted for more than 30 days, or was carried out in a brutal way, or if such treatment of the person who was illegally deprived of his liberty caused a severe impairment of his health, or if other serious consequences occurred, the offender shall be punished by between one and eight years of imprisonment." 37 For example PZ/00/60/99; PR/01/0027/99; PR/01/0071/99 (UCK abducted a Kosovo Albanian who allegedly served in the Serbian paramilitary forces in Bosnia and committed war crimes); PR/01/0072/99; PR/02/0017/99; PR/02/0041/99; PR/02/0049/99; PR/02/0062/99; PR/02/0077/99. 38 Article 6 (2) of Protocol II additional to the four Geneva Conventions states that "no sentence shall be passed and no penalty executed on a person found guilty of an offence except pursuant to a conviction pronounced by a court offering the essential guarantees of independence and impartiality". Few if any of the guarantees listed in the Article were provided in UCK proceedings. 39 OSCE-KVM, Human Rights Division (HQ), Record of a meeting on 18 February with the UCK Zone Commander and the UCK Military Police Chief in Lapastica (Podujevo) regarding detention visits, 26 February 1999. 40 OSCE-KVM, Human Rights Division (HQ), Record of a meeting on 18 February with the UCK Zone Commander and the UCK Military Police Chief in Lapastica (Podujevo) regarding detention visits, 26 February 1999; PZ/00/60/99. 41 PR/U/047-PR/U/052/99. 42 OSCR-KVM, CC Urosevac Weekly Report, 25 February 1999. 43 OSCE-KVM, Human Rights Division (HQ), Record of a meeting with the UCK Zone Commander in Petrova on 23 February 1999 regarding detention visits. Contents KOSOVO / KOSOVA As Seen, As Told http://www.osce.org/kosovo/documents/reports/hr/part1/ch9.htm (16 of 16)12/5/2003 11:52:05 AM Previous Next OSCE ODIHR