Intervention of the Federal MP Zivadin Jovanovic
during the debate about the adoption of the Amnesty
low
Belgrade, June 04, 2002
I would sincerely like, if Mr. Minister who has presented
proposed Law on amnesty, would find it appropriate to withdraw the same
following this discussion. His submission has not been convincing at all and has
no corroboration with the content of the proposed Law. Submission goes one way,
while the proposed Law totally different way. The written submission to the Law
by the Federal Government relates the amnesty to four categories of persons
originating from districts of Presevo, Bujanovac and Medvedja: first, to those
"who have taken part in unlawful organizing and possessing of arms", second, to
those who provide information and hand over arms, uniforms or other military
equipment, third, to those who provide information or mark position of
minefields, and four, to persons who leave arms and military equipment on places
to be found (collected) without endangering security of citizens and members of
joint security forces.
In the Government submission accompanying the
proposed Law to the Parliament there is no reference to terrorism nor to
terrorists.
The proposed Law on amnesty (of the terrorists) is composed of
nine articles. Its real substance is given in Article 1.
First paragraph of
Article 1 reads as follows:
"the amnesty is granted to the Yugoslav citizens
who in the period from January 1, 1999 to May 31, 20013, on the territory of the
districts of Presevo, Medvedja and Bujanovac had committed i.e. for whom there
is reasonable doubt that they had committed criminal offence of terrorism from
Article 125 of the Criminal Code", etc.
The paragraph three of the same
article reads as follows: "the amnesty from paragraph 1 and 2 of this article
embraces acquitting from prosecution and freeing from serving penalty".
In
the wording of the Law there is no mention of the categories of persons referred
to in the Government's submission. National and international public have been
deprived of the explanation why the present Government in such a brief period of
time is in a hurry to adopt yet another Law on amnesty of Albanian terrorists.
This should be the third or even the fourth Law on amnesty of the Albanian
terrorists from taking over the power by "Democratic opposition of Serbia
(DOS)". Are those laws to be understood as reformative, strategic ones? What is
their importance, what the country is supposed to achieve by granting amnesty to
terrorists?!
The Government has proposed this Law to be adopted as matter of
urgency, by extraordinary procedure, imposing breach of the rules of procedure.
Yet, to justify the urgency, the Government recalls on documents dated May 2001!
Should something be exceptionally important and urgent to be adopted by
breach of the Rules of Procedure of the Federal Parliament, why the Government
has waited so long from May last year, to May this year?!
What, or who has
compelled the Government to propose this Law to be adopted as matter of urgency,
right now? This has not been explained nor substantiated. What benefits are to
be achieved through extraordinary procedure? Mr. Minister has declared in the
Parliament his belief that this Law should reinforce confidence, reintegration
and a number of other good wishes. Does he really believe that this Law will
help speedy return of the displaced persons to the South of Serbia to the
Province of Kosovo and Metohia? Does he contemplates what kind of messages the
Law on releasing terrorists sends to other potential terrorists and what
messages to Serbs in the South of Serbia, to the Serbs and other non-Albanians
in Kosovo and Metohia, to all displaced persons i the other parts of Serbia, who
number about 350.000 and who are supposed to return to their homes?
This Law
is really unique. First, because a month and a half back this Law was proposed
by the Government than to be withdrawn following the initiative of the ruling
coalition (DOS) as bad and unacceptable. Now, same Government proposes same Law,
with the same submission and same ruling coalition supports same Law as good and
beneficial for the state! Who and what compelled the ruling coalition (DOS) and
the Government to completely change their position? This remains unexplained. In
the spirit of transparency! This is really shameful Such a Law does not exist in
the World. What we have all over the World is - uncompromised struggle against
terrorism. We are the country victim of Albanian terrorism. in our country over
4.000 people have been killed or abducted by Albanian terrorism in the last four
years. There is official report of the Federal Government to this effect. There
is no country in the World with such a high number of victims of terrorism. Our
Government has publicly declared its commitment to the struggle against
international terrorism. Which way? Is this Law on amnesty of Albanian
terrorists from South of Serbia to be contribution to the struggle of
international community against terrorism? The Government declares itself to
resolutely struggle against terrorism, and at the same time proposes the Law,
freeing terrorists. The preceding Laws on amnesty, one of which has been passed
last year in this Federal Assembly, were formulated apparently to apply to
"political prisoners". In essence, they have been applied to free all Albanian
terrorists from Kosovo and Metohia. This Law is different in the way to openly
and directly free terrorists. That's why this Law is unique. The Law - "corpus
delicti" on leading role of this Government and ruling coalition.\
We have
interest to join European integration. Has the Government in preparing such a
Law respected positions and decisions of European Parliament, Parliamentary
Assembly of the Council of Europe, UN General Assembly and Security Council -
struggle against terrorism? How much their positions and their decisions from
various resolutions have found its place in the Law on Amnesty proposed by our
Government?
The most important for us remains a question - whether this Law
will help to have less terrorism in the South of Serbia, in the Province of
Kosovo and Metohia? Whether there will be fewer cases of breach of sovereignty
and integrity of Serbia and Yugoslavia by separatists and terrorists? Whether
the Law will stop ethnic cleansing, emigration and forced sale of properties of
Serbs in Presevo, Bujanovac and Medvedja? Will this Law help free and safe
return of displaced persons, the primary task of the Government?
The Article
3 of the proposed Law reads: "The amnesty of terrorists does not affect the
rights of third persons based on condemnation". What does this mean? Our
Government leaves the bereaved families, left without the most loved ones, to
litigate on their own for their rights, for their dignity. State prosecutors
cannot act. This is really shameful and hardly to be related to any standards,
the least European.
At the end, the Government states: "The implementation
of this Law does not require financial resources". Good. The Government could
have even stated that by releasing the terrorists from jails it can save the
budget money. It will be less disbursements than if the terrorists are
prosecuted or kept in jails. Let it be - no money required for implementation of
this Law. But it surely requires thick skin on the face!
