http://www.hrw.org
Human Rights Watch
For Immediate Release:
Yugoslavia: Concern Over Torture of Crime Suspects
Attacks against government officials no justification for torture
(New York, November 1, 2002) ? Human Rights Watch expressed concern
about the apparent use of torture by the Serbian police against
individuals arrested for murder of a police general and planning other
attacks on government and police officials.
According to the Serbian Ministry of Interior, on October 27, 2002 the
Belgrade police and state security agents arrested Nikola Maljkovic
(30), the suspected murderer of the police general, Bosko Buha, in June
2002. Maljkovic?s lawyer told Belgrade media on October 30 that
Maljkovic was in a prison hospital, with a broken hand, several broken
ribs and bruises all over his body. The police have provided no
explanation for Maljkovic?s injuries.
The Serbian Ministry of Interior also stated that three more suspects
had been arrested at the end of October as accomplices in the
assassination of Buha and for planning to assassinate Serbian Prime
Minister Zoran Djindjic and several other political and business leaders
and police officers. Unofficial media reports suggest that up to 30
persons were arrested. The government claims that the suspects belong to
a large criminal group that aimed to cause chaos in the country by
carrying out a series of political assassinations.
One of the suspects, Dragan Ilic (46), was beaten on October 29 by
unknown perpetrators after the investigation judge of the Belgrade Fifth
Municipal Court ordered his release and before the police re-arrested
him in a Belgrade hospital. According to various sources, the police
were enraged by the investigating judge?s decision to release Ilic.
Human Rights Watch expressed concern that the police may have been
involved in the attack on Ilic after his release.
Human Rights Watch has no information relating to the alleged crimes,
but expressed concern about the detainees? treatment regardless of their
crimes. ?Even if the allegations are true, they don?t justify torture or
ill-treatment,? said Elizabeth Andersen, head of the Europe and Central
Asia Division in Human Rights Watch.
Painter Dragan Malesevic Tapi, arrested on October 29 in connection with
the Buha murder, died in a police station on the same day. The police
reported he suffered a stroke. The preliminary results of the official
autopsy suggest that Malesevic died because of a sudden deterioration of
a long-term heart and blood vessels disease. Human Rights Watch called
for an independent investigation into the circumstances of Malesevic?s
death.
The International Covenant on Civil and Political Rights (ICCPR), as
well as the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, contain an absolute ban on the use of
torture or cruel, inhuman or degrading treatment or punishment.
Yugoslavia ratified the ICCPR on June 2, 1971; it ratified the
Convention against Torture on June 20, 1991. The prohibition against
torture is well recognized under customary international law. According
to Article 16 of the federal constitution, Yugoslavia ?shall fulfill in
good faith the obligations contained in international treaties to which
it is a Contracting Party.?
Article 25 of the Yugoslav constitution outlaws torture of a detainee,
as well as any forcible extraction of confessions or statements. The use
of force against a detainee is also a criminal offense. The Criminal
Code of Yugoslavia prohibits the extortion of statements (article 190)
and maltreatment in the discharge of office (article 191).
?The Serbian judiciary already tends to turn a blind eye to reports of
police torture and ill-treatment,? Elizabeth Andersen said. ?There is a
risk that in the fight against organized crime, scrutiny of police
actions will erode even further.?
Serbian human rights groups and media registered a dozen serious cases
of police torture between December 2001 and August 2002. The abuses
often occurred in police stations, when officials attempted to compel
detainees to admit to theft or other crime. As a consequence of the
abuse, in one case the victim required brain surgery (Nenad Tasic,
tortured in August in Vranje); other victims suffered a ruptured eardrum
(Nemanja Jovic from Belgrade), bruised ribs (Marko Brkic from Novi Sad),
and other physical injuries.
Of eight known court decisions since October 2000 dealing with torture
and ill-treatment by the police, all but one of a dozen convicted law
enforcement officers received sentences of less than eight months in
prison, even where the torture resulted in serious bodily injuries. The
exception was an August 2002 court decision in which one accused
policeman was sentenced to 18 months imprisonment.
Human Rights Watch called for prompt and effective investigation of
allegations of torture and for oversight by the defense and security
committee of the Serbian parliament.
For more information, please contact:
In Belgrade, Bogdan Ivanisevic: +381-63-85-88-715
In Washington, Elizabeth Andersen: +1-202-612-4326
Serbian News Network - SNN
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