Europe and Central Asia Summary of Amnesty International’s Concerns in the Region, January-June 2007 Unlawful killings by UNMIK Civilian Police Mon Balaj and Arbën Xheladini were killed and Zenel Zeneli seriously injured during a demonstration on 10 February, called by the NGO Vetëvendosje (Self Determination) against the Atishaari plan. An investigation by the UNMIK Department of Justice established that the men had been killed by members of the Romanian Formed Police Unit, who had been deployed to the largely non-violent demonstration, and had discharged apparently out-of-date rubber bullets which killed and injured the men (see also AI Index: EUR 70/002/2007). Despite requests by UNMIK and by AI, on 21 March 2007 the Romanian authorities withdrew from Kosovo 11 police officers who had been assisting the investigation and who were reportedly in possession of crucial information. Two reports on the investigation, in April and June, concluded that the deaths of Mon Balaj and Arbën Xheladini were caused by “improper deployment of rubber bullets by at least one and perhaps two Romanian gunners”, but that there was insufficient evidence to bring a criminal prosecution. The June report also criticised the compete breakdown of UNMIK police’s command and control operation on 10 February. Fair trial standards: detention rights The International Helsinki Federation (IHF) expressed concerns about the legality of the detention of Albin Kurti, leader of Vetëvendosje, detained on offences relating to the 10 February demonstration; charges relating to endangering the lives of UN personnel were dropped in June. The judge had refused the IHF access to Albin Kurti while in pre-trial detention on the grounds that he was a “category A” detainee, exclusively under the jurisdiction of the international community. In May, without having been charged, Albin Kurti was released into house arrest, where he was prohibited from contact with the media or with Vetëvendosje; AI considered detention without charge under such conditions to be tantamount to deprivation of liberty. The Amnesty International 109 IHF was also concerned about reports of collusion between the international judge and the prosecution in determining the conditions of his release. AI was very concerned at the detention for 15 months of A.B, an Indian national and mother of two children, who was arrested on 23 February 2006 on charges related to the smuggling of migrants (her full name is known to AI). She was initially held for 45 days without any evidence being provided to her defence lawyer. Repeated appeals against her detention failed. She was indicted on 29 December 2006; according to her defence lawyer, her contact with him until that date had been limited to four fiveminute phone conversations. A.B. remained in detention until 1 June, when she was released having agreed to plea to lesser charges for which she was given a two-year suspended sentence, and ordered to leave Kosovo. No evidence was presented in court. She remained in Kosovo at the end of June, unable to leave to join her children in India, as the prosecutor had yet to return her passport. Inter-ethnic and return-related violence In February, the HLC reported that although members of some minority communities had enjoyed increased freedom of movement and integration, this was not the case for Serbs and Roma. Ethnically motivated attacks continued and perpetrators were only occasionally brought to justice. Most attacks involved the stoning of buses carrying Serb passengers by Albanian youths. In some cases, grenades or other explosive devices were thrown at buses or houses, including in north Mitrovica/ë. Roma and other minority groups reportedly informed KFOR that they no longer reported such incidents. Orthodox churches were looted or vandalized on 34 occasions between 19 February and 1 June. In March the windows of the Orthodox Church of St. John the Baptist in the centre of Pejë/Peć were broken, as were those of St. Nicholas church in Pristina; an attack with a rocket AI Index: EUR 01/010/2007

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