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Appendix I: Human Rights Watch Letter to Mladen Kuribak, Head of the Uniformed Police Directorate, Ministry of Interior, Serbia, dated August 11, 2008

Mladen Kuribak
Head of Uniform Police Directorate
Ministry of Interior
Serbia

Dear Mr. Kuribak,

I am writing to you as a follow up to the meeting we had with you on 24 April 2008 as a part of our research on the attacks on ethnic Albanian and other minority-owned businesses in the aftermath of Kosovo’s declaration of independence. We are very grateful for the information you have provided on that occasion and we would like to follow up with you on some of the information we received from the victims during the interviews we conducted in Vojvodina and Central Serbia in April 2008.

We would be very interested to hear the police account of the incidents in order to get a complete picture. We have interviewed the victims of the attacks during our research trip to Serbia, and the information provided below is based on the conversations we had with them.

Respecting the police hierarchy and the existing chain-of-command, we are contacting directly, instead of approaching local police stations. We would greatly appreciate any information you could generate and we would like to thank you in advance for responding to us in due time.

Please find below the incidents we would like to get the information about, with particular questions we would greatly appreciate a response to:

Novi Sad

Flower Shop [...]142

On the evening of the mass protest in Novi Sad (17 February), the shop owner observed the protest from a location across the street from his shop, reporting that 300-400 youth were marching, screaming and chanting during the protest, and that there were around 30 policemen following them. The owner noticed a group of protesters smashing the windows of his shop, but allegedly the police failed to intervene. According to the correspondence Human Rights Watch received from the Novi Sad District Prosecutor, no criminal charges were brought in the context of this case by May 2008, nor were criminal charges brought as of May 2008 for other violent incidents in Novi Sad which took place during and in the immediate aftermath of the protest that night.

Question from Human Rights Watch

We would be grateful if you could comment on the allegation that the police failed to respond when protestors smashed windows, and indicate what police investigations took place into the incident.

Bakery [...]

This bakery was reportedly attacked on two different occasions. The first attack was during the night of the mass protest on February 17. Following the advice of the police, the owner decided to keep the business open. That evening, he saw a group of approximately 100 protesters passing his bakery during the protest. Some of them threw stones and bricks at his business, breaking the windows and glass inside. According to the victim, the police walked behind the protest and must have seen what was happening, but they did not respond.

Five days later (the night of February 22-23), a group of four men drove by and parked the car in front of his bakery. Again, they broke the windows and tried to set the bakery on fire. One of the neighbors called the police, who promptly arrived and extinguished the fire. For eight days after the second attack, policemen in civilian clothes maintained frequent patrols in the vicinity of the bakery. Petar Ladjevic, Director of the National Office of Human and Minority Rights, visited the bakery’s owner the day after the second attack, together with the local police commander.

Questions from Human Rights Watch

We would be grateful if you could comment on the allegation that the police failed to respond when protestors smashed windows, and indicate whether there has been an investigation opened in this case and whether any suspects have been identified or charged.

Zrenjanin

Bakery “Zlatni Klas”, owner Cazim Hoxhaj

Cazim Hoxhaj is an owner of four bakeries in Zrenjanin, two of which were attacked in the aftermath of Kosovo’s declaration of independence. The first bakery that was attacked is called “Zlatni Klas” and is located in the center of the town. On February 18, at around 11 p.m., a young man threw stones at his bakery, breaking the windows and display glasses. The attack was filmed on a CCTV security camera installed in the shop, and the identity of the perpetrator is reportedly recognizable on the security tape. Mr. Hoxhaj understands that a minor may have been charged by the police with a misdemeanor for the attack on the “Zlatni Klas” bakery. A second bakery belonging to Mr. Hoxhaj was attacked on three separate occasions, each time at night with no witnesses. According to the owner, the police frequently patrolled the areas surrounding the bakeries after the attacks.

Question from Human Rights Watch

We would be grateful if you can indicate whether the police charged anyone for the attack on the “Zlatni Klas” bakery. We would also appreciate it if you can indicate whether the police are aware of the CCTV footage and if so, if they viewed the footage.

Novi Becej

Bakery “Plavi Jadran”, owner Fatim Dacaj

The bakery was attacked three times: first on the night of 20-21 February, second on the night of 22-23 February, and the third on the night of 29 February-1 March. The police reportedly apprehended a young alleged perpetrator who is suspected of attempting to kick in the windows with his leg during the third attack. The victim was not aware of any charges or disciplinary measures against the perpetrator. During the second attack, a brick thrown at the glass window wounded the victim’s brother. For a couple of days after the first attack, the police kept a patrol car parked in front of the bakery. The second attack took place during the patrol’s shift rotation, just after the first police car departed and minutes before the second police car arrived. The shift rotation left the bakery unattended for only a few minutes.

Question from Human Rights Watch

We would be grateful if you can confirm that an alleged perpetrator was apprehend by the police at the bakery, and indicate whether other suspects have been identified and whether charges have been brought against anyone in the case.

Subotica

Bakery [...]

This bakery in the city center of Subotica was attacked on the night of February 17, during which some groups of individuals protested on the streets. The policemen stood in front of the property as the protesters passed. Despite the police presence, stones and rocks were thrown in the direction of the bakery, smashing the windows and the glass counter. The police present allegedly witnessed the acts but did not intervene.

After this incident, two uniformed police guarded the premise for the next five days. Reportedly, no further action followed to charge those who committed the violence with a criminal or misdemeanor offense. The owner spoke to the police on two separate occasions asking why they did not respond when witnessing the protesters damaging his shop. The answer he received was that the police had orders not to intervene when the attack amounts “only to material damage.”

Question from Human Rights Watch

We would like to verify if there were orders not to intervene in cases of “only” material damage. We would also be grateful if you could comment on the allegation that the police failed to respond when protestors smashed windows, whether an investigation was opened in this case and whether any suspects have been identified or charged.

Kikinda

Bakery [...]

A demonstration took place in front of the owner’ house (he lives on the top floor of the house, where his bakery is located) on February 20, 2008. Around 300 elementary school students, accompanied by some teachers, stood in front of his home for around half an hour. Some of the children threw stones at his house, which smashed one of the windows. The police were there, but did not intervene when the stones were thrown. The police did, however, guard the house for a few days after the demonstration.

Questions from Human Rights Watch

We would like to verify that the police was present at the protest and would like to know why they did not intervene when stones have been thrown.

Kragujevac

Burek shop “Avala”, owner Abdyl Murselji

The shop was stoned on the night of 19 February, resulting in minor material damages. He praised the police for providing him with adequate protection for a period of over two weeks after the attack took place. Reportedly, the police also informed him that he could apply for compensation from the municipality, even though this attack did not happen in the context of a protest.

Question from Human Rights Watch

We would like to know if there were any suspects/perpetrators identified and whether the victim has received the compensation.

Bakery [...]

The bakery was attacked twice during the night of February 17. The premise received protection from the police during the 10 days following these two attacks, which resulted in material damages of approximately EUR 100. According to the victim, the perpetrators of the attacks were never found, which worries him because he is concerned for the safety of his two small children.

Question from Human Rights Watch

We would like to know if there were any suspects/perpetrators identified.

Negotin

[...]

The [business premise] was attacked on the night of February 14-15. The owner was not there at the time of the attack, and he did not see the perpetrators. He initially dismissed the attack as the isolated action of a “hooligan” and repaired the damages himself the next day and did not follow up with the police or the municipality.

On February 17, around midnight, a few individuals ran by his place, throwing stones and bricks, which smashed the windows and scared customers, who left immediately. The police arrived on the scene and wrote a report. For the next few days, the police maintained a presence outside his business to protect it.

Reportedly, there was no further action by the police or the municipality with respect to the events described above. The victim heard rumors providing some indication of people who may have been involved in the attacks, which he passed along to the police. The victim is not aware of any further action taken by the police upon this information.

Questions from Human Rights Watch

We would like to confirm whether the police have received any indication from the victim (or others) of who was behind the attacks and whether any suspects/perpetrators have been identified.

Bor

[Two separate bakeries/ice cream shops]

These two adjacent bakeries/ice cream shops were attacked after February 17. One of the businessmen’s cars was also damaged when the perpetrators threw bottles, stones and bricks at it. The police responded to the attacks by dispatching frequent patrols to the area of one of the businesses and by physically guarding the premises during the period of two weeks that followed. The police informed one of the owners, who incurred material damage of around EUR 700 due to the attack, that he would “get the money back” without specifying who would be responsible for compensation. At the time of the interview, neither of the victims has received any compensation, and they are not aware of any further official actions related to the attacks against them.

Questions from Human Rights Watch

We would like to know whether any suspects/perpetrators of the above-mentioned attacks were identified and whether the victim(s) received compensation.

Thank you very much in advance for responding to our request. Do not hesitate to contact us if you need more information about our research.

Yours sincerely,

 

Wanda Troszczynska-van Genderen
Western Balkans Researcher
Human Rights Watch




142 The letters have been redacted to protect privacy of the victims, who requested to remain anonymous.