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RECOMMENDATIONS

To the Yugoslav government:
· Make publicly available regularly updated figures on the number of individuals charged and arrested for “terrorism” or “anti-state activities,” with information on the nature of their alleged crimes and the places of their detention.

· Provide unrestricted access to detainees by the ICRC, the OSCE verification mission, and representatives of the U.N. High Commissioner for Human Rights.

· Immediately grant the request of the U.N. Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions to conduct an investigation in the Federal Republic of Yugoslavia.

· Investigate allegations of police abuse and improper treatment of those in detention. The government should prosecute to the fullest extent of the law all officials found to have used or tolerated the use of excessive force.

· Enact legislation and follow published guidelines that strictly control the use of force by police or by the military in Kosovo, along the following lines: lethal force should only be used when it is “strictly necessary” to prevent crime or effect a lawful arrest, and it should be used in proportion to the circumstances. Civilians aggrieved under such guidelines should be allowed legal redress.

· Respect Article 31 of the Yugoslav constitution, which requires officials to have a previously issued court warrant and two witnesses when entering a private residence or business to search for evidence.

· Accord due process to all persons detained and/or accused of crimes, including ethnic Albanians accused of "violating the territorial integrity of Yugoslavia" or "terrorist" activities.

· Inform all detainees immediately of the grounds for arrest and any charges against them.

· Provide all detainees with immediate and regular access to attorneys; accord all detainees the right to petition for review of their detention without undue delay;

· Allow all detainees time and facilities for the preparation of a defense and the ability to communicate with counsel.

· Drop all charges against and release from detention those who have been indicted for the peaceful expression of opinion or for membership in a group that has only performed acts which, under international human rights law, may not be criminalized, such as peaceful criticism of the government; and refrain from making arrests on such grounds.

· Drop all pending and refrain from bringing future charges based solely on "confessions" extracted by torture.

· Enforce the inadmissibility of statements extracted by force in all legal proceedings, other than those brought for redress of the abuse.

· Allow unfettered access for those who allege abuse in detention to adequate medical treatment and to forensic medical experts to document the abuse.

To the Kosovo Liberation Army:

Because the fighting in Kosovo is an internal armed conflict covered by international humanitarian law, both government forces and the KLA are obliged to respect, at a minimum, the provisions of Common Article 3 of the Geneva Conventions, which require that civilians and other protected persons be treated humanely, with specific prohibitions on murder, torture, or cruel, humiliating or degrading treatment. Human Rights Watch, therefore, calls on the KLA to:

· respect its obligations under international law. In particular, the KLA should release all civilians in detention, refrain from attacks on members of the civilian population and from using any detainees or civilians as hostages, and treat humanely Serbian soldiers or policemen in custody;

· condemn hostage-taking and the ill-treatment of civilians or others placed hors de combat and renounce such tactics;

· impose a code of military conduct that punishes KLA hostage-taking, using humans as shields, and other conduct prohibited by international humanitarian law; take steps to inform troops of binding rules that violators among KLA troops will be held accountable;

· bring to justice commanders and troops guilty of these violations in conformity with international standards of due process;

· grant humanitarian organizations full and ongoing access to the conflict zone under KLA control and to people in KLA detention.

To the United Nations:
·The Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions should include in her investigation in FRY consideration of the evidence of deaths in detention contained in this report, report publicly on her findings, and develop recommendations to the government to curb these abuses.

·The Special Rapporteur on the former Yugoslavia should make a priority of regularly monitoring conditions of detention and due process in the Federal Republic of Yugoslavia, report publicly on his findings, and develop specific recommendations for reform.

·The recently expanded mission in the Federal Republic of Yugoslavia of the High Commissioner for Human Rights should, in cooperation with the Special Rapporteurs, the OSCE verification mission, and the ICRC, make a priority of monitoring trials and conditions of detention, publicizing its findings, and developing concrete recommendations for reform.

To the OSCE Kosovo Verification Mission:
·In cooperation with the ICRC, monitor the treatment of those in detention through regular visits to prisons and police stations and suspected places of detention, including those located outside of Kosovo but holding persons detained in connection with the conflict. As part of these monitoring activities, the OSCE mission should:

-Interview detainees, freely and in private, including those who have not yet been charged with a crime.

-Raise objections with the authorities over abuses, including when access to detention facilities is denied or conditions deviate from international standards.
-Recommend corrective action, including dismissal or prosecution.
-Publicize conditions that fall below international standards when the authorities fail to take appropriate corrective action , including the prosecution of responsible officials.

·Regularly observe trials, especially those of ethnic Albanians accused of “terrorism” or other crimes related to state security.

-Raise objections with the authorities when access to trials is denied and when procedural irregularities are identified.

-Recommend remedial measures to correct procedural violations, and publicize procedural violations, particularly when the authorities fail to take remedial action.

To the United States, E.U. member states, and other governments:

·Regularly request permission for diplomats visiting the Federal Republic of Yugoslavia to visit detention facilities and detainees listed in Appendix A of this report.

·Designate Belgrade embassy staff to monitor trials regularly, especially those of ethnic Albanians accused of “terrorism” or other crimes related to state security.

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