Aktuelles aus Prishtinë (Pristina), Mitrovica, Prizren, Prizeren, Pejë, Pec - Historisches zu Kosova und UCK
03:07
20.09.2020
Gjermanisht-anglisht-Am 13 April wurden Arbënor Dehari, Salih Zyba und Blerim Maqastena, in Prishtina brutal festgenommen. Sie hatten die Parole „ Freiheit für Albin Kurti“ an ein Gebäude der UNMIK geschrieben. Wegen dieses "Vergehens" hält die Kolonialmacht UNMIK die Genannten seit dieser Zeit im Gefängnis fest. Vorgeworfen wird ihnen zudem gegen ihre Verhaftung „Widerstand“ geleistet zu haben.

In der Anklage wird ihnen vorgeworfen, „Beamte bei der Ausführung ihrer Pflichten behindert und verletzt zu haben“. Die Kolonialbullen Fötusse Gerbeshi und Altin Pllana, behaupten von den Angeklagten geschlagen worden zu sein. Tatsache ist hingegen, in Kosova wird jegliche freie Meinung brutal unterdrückt. Menschen die gegen die UNMIK demonstrieren werden erschossen ( wie die zwei getöteten Patrioten) am 10 Februar in Prishtina) unterdrückt und eingesperrt. Die Anklage gegen Arbënor Dehari, Salih Zyba und Blerim Maqastena, verletzt zudem sämtliche rechtlichen Standards. Die Angeklagten werden ohne große Begründung festgenommen die kriminelle Anklage der Kolonialmacht erfolgt dann zu einem späterem Zeitpunkt. Angeklagt werden Sie nach einem Paragraphen der ihnen maximal 5 Jahre Haft einbringen kann. Die terroristische UNMIK- Herrschaft in Kosova versucht politisch Oppositionelle wegzusperren, sie psychisch zu brechen und sie nimmt ihnen sämtliche Rechte. Dagegen ist Widerstand und Solidarität gefordert.


 

Dokumentation Memorandum der LPV in Englisch „Menschliche Rechte zuerst“- Memorandum der LPV geschrieben an den KMDLNJ - (Menschenrechtsverein) an das ICRC ( Internationale Rote Kreuz) Amnesty International und den Helsinki Ausschuß.


Prishtinë, June 18th, 2007



MEMORANDUM



TO: KMDLNJ

International Committee of the Red Cross ICRC

Amnesty International

Human Rights Watch

Helsinki Committee

Human Rights First

Article 19


 

FROM: Lëvizja VETËVENDOSJE


SUBJECT: On the detention of Arbënor Dehari, Sali Zyba and Blerim Maqastena


This memorandum refers to the continuing detention of three activists of Lëvizja VETËVENDOSJE! Arbënor Dehari, Salih Zyba and Blerim Maqastena. All three were arrested on Friday 13th April whilst attempting to write ‘Free Albin Kurti’ on the wall of UNMIK. Earlier in the day, groups of activists had written this slogan on the wall and the word ‘murderers’ (Vrasës) on UNMIK jeeps. They were originally detained in prison under investigation for 30 days. They are now serving an additional 60 days in detention.


Lëvizja VETËVENDOSJE! considers their arrest and detention a politically motivated act. Whilst our activists are arrested and detained for simply writing slogans on walls – slogans which denounce the killing of our demonstrators on 10th February, and call for the release of Albin Kurti, who is being held responsible for these deaths – the international police who committed the criminal act of shooting and killing two men, and injuring hundreds, walk free, without threat of prosecution.


According to the legal documents that Lëvizja VETËVENDOSJE! has managed to acquire, on 27th April 2007, the Municipal Court of Prishtina heard the case for the continuation of detention for Arbënor Dehari, Salih Zyba and Blerim Maqastena.


The Prosecutor’s claims


Arbënor Dehari and Salih Zyba are accused of attacking official personnel in the course of fulfilling their duties to protect public security and public order. The prosecutor claimed that two policeman were injured, Feti Gerbeshi and Altin Pllana. This occurred whilst the police were trying to prevent activists from writing on UNMIK’s wall.

  • During the arrest, the prosecutor claims that Arbënor Dehari damaged police officer Feti Gerbeshi on his left foot, and while falling over, caused light injuries to his body in the form of bruising to his left knee.

  • Salih Zyba is accused of hitting police officer Altin Pllana in his face with his head on which occasion he caused light injuries in the form of bruising to his body and tore skin on his nose.


These acts are classified as penal crimes: an attack against official persons while fulfilling official duties according to Clause 317, paragraph 2, in connection with paragraph 1 of the Provisional Criminal Code of Kosovo. This carries a potential sentence of 6 months to 5 years. (see Annex 1)


Blerim Maqastena is accused of hitting police officer Naim Fazliu with his fist in the ribs on his left side, and swearing at police officers in the police station.


This act is classified as a penal crime – attack against official persons while fulfilling official duties according to Clause 317, paragraph 1 of the Provisional Criminal Code of Kosovo. This carries a potential sentence of 3 months to 3 years. (See Annex 1)


The prosecutor proposed that the court hold a séance with witnesses present in order to try the activists, and then sentence them according to the law.


Human Rights Violations


Violation 1: The right to freedom of expression

  1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. (Article 10, ECHR)


  • Salih Zyba, Arbënor Dehari and Blerim Maqestena were arrested because police were trying to prevent them from simply trying to write ‘Free Albin Kurti’ on the public wall surrounding UNMIK’s headquarters.


Violation 2: The right to just detention

"Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment." (Article 9.3, ICCPR)


These three activists are being held in detention ‘under investigation’ for an unreasonable amount of time solely for political purposes. The court has defined witnesses and taken statements from them. It has photographic and video material of the case. Thus it has all the material with which to judge these activists. Extended detention is being used as a method of preventing politically committed activists from expressing their political beliefs, and as a form of psychological pressure.


Violation 3: The right to a fair trial within reasonable time

“In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.” (Article 6.1, ECHR)


  • These charges are fabrications. The only witnesses who have given evidence so far in this case are Kosovo Police Service Officers. In addition to those who claim to be injured (Feti Gerbeshi, Altin Pllana and Naim Fazriu), three other police officers have given evidence (Agon Berisha, Adem Kapiti and Safet Berkolli). One of these witnesses, Adem Kapiti, was observed beating Blerim Maqastena, who was handcuffed, inside the police station on this very same occasion.

  • Our activists have strict rules of behavior in actions and demonstrations which define how to resist nonviolently and this strictly excludes all forms of physical attack.

  • Our activists are regularly beaten inside the police station when arrested, and no action is taken against the police responsible. For example, on 23rd August 2006, two of our activists, including Salih Zyba, were beaten by four police officers while handcuffed in the police station. The other activist, Liburn Aliu, had his nose broken. No police officer has been suspended for this act. In fact, we have evidence that at least two police officers have been promoted following actions in which they used violence against activists.

  • These activists are being tried by courts under the control of the UN administration in Kosova, UNMIK. This is not a democratic system in which the people of Kosova elect representatives to a sovereign Parliament. There is no division of powers between executive and legislative power and the judiciary. Power is concentrated in the hands of the Special Representative of the Secretary General of the UN (SRSG) who supervises the appointment of judges.


Violation 4: Respect for the dignity of the prisoner

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. (Article 10, ICCPR)

  • Both Blerim Maqastena and Salih Zyba were beaten on their arrest inside the police station.

  • Salih Zyba, Arbënor Dehari and Blerim Maqestena were brought to court with handcuffs not only on their wrists, but around their ankles.


 

Annex 1


Provisional Criminal Code of Kosovo

Attacking Official Persons Performing Official Duties

Article 317

(1) Whoever attacks or seriously threatens to attack an official person or a person who

assists in performing official duties related to public security or the security of Kosovo or

maintaining public order shall be punished by imprisonment of three months to three years.

(2) When the offence provided for in paragraph 1 of the present article results in light

bodily injury to the official person or his or her assistant or involves a threat to use a weapon, the perpetrator shall be punished by imprisonment of six months to five years.

(3) When the offence provided for in paragraph 1 of the present article, results in serious

bodily injury to the official person or his or her assistant, the perpetrator shall be punished by imprisonment of one to ten years.

(4) When the perpetrator of the offence provided for in paragraph 1, 2 or 3 of the present

article is provoked by the unlawful or brutal action of the official person or his or her

assistant, the court may waive the punishment.