Macedonia
IHF Focus: Freedom of the media; the judicial
system; detainees’ rights; misconduct by law enforcement officials; protection
of ethnic minorities; freedom of religion.
The determination of the Macedonian government
to show respect for human rights is expressed in the country’s constitution,
adopted in 1991, and in other legislation regulating the activities of
both the executive and the judiciary.
However, the positive developments taken in recent years, reforming the judicial system, moving toward the rule of law and respect for human rights, slowed down during 1997. As of the end of 1997, a significant portion of legislation still did not comply either with the constitution or international instruments ratified by Macedonia. Moreover, some newly adopted laws were not being properly enforced in practice.
According to the Helsinki Committee for Human Rights in the Republic of Macedonia, more transparency was needed to enable public control over the operation of executive authorities.
In 1997, the central human rights issues were misconduct by the police, particularly in connection with incidents in Gostivar in July; operation of the judiciary; education in minority languages; and freedom of religion. Positive developments were observed in the field of the press.
Freedom of the Media
In 1997, significant positive developments occurred regarding the pluralization of the press in Macedonia. In March, the independent daily newspaper Dnevnik took a courageous but risky step to reduce the price of their paper four times, resulting in the tenfold increase of its daily circulation. The pro-government publishing house NIP Nova Makedonija followed this move and also reduced the prices of its dailies Vecer, Nova Makedonija, Flaka, and Birlik. Weeklies also became cheaper, except for Fokus, and saw sales increase too.
In the fall of 1997, the first independent weekly, Denes, started publishing. Its staff consisted of experienced editors and journalists who had left Nova Makedonija because of disagreements over management policy. Facing financial difficulties, the weekly Delo changed its format and reduced its price.
Despite the positive developments toward pluralization,
the pro-government publishing house, NIP Nova Makedonija, retained its
monopoly in distribution. It had more than 500 news-stands throughout Macedonia.
Although independent papers created alternative
distribution networks, the government refused to take any steps to reform
Nova Makedonija’s monopoly and to remove obstacles to the distribution
of independent papers. On the contrary, the government continued to favor
NIP Nova Makedonija papers through the allocation of state subsidies, albeit
modest, earmarked for the support of the printed media.
The law on the electronic media was still pending. Contrary to assurances by the state that changes would bring a reform, many considered the draft law discriminatory. For example, it provided for bidding for broadcasting rights and it was feared that only a few stations would be able to pay the prices required to tender for bids which, according to some estimates, would amount to the equivalent of USD 11,000. This would mean that most of the over 200 private radio and television stations in operation in Macedonia in 1997 would find themselves unable to broadcast.
The draft law also proposed giving the state radio and TV station, MRTV, the right to collect monthly fees. Other broadcasters feared that MRTV would be able to sell space for advertisements for reduced prices and in that way vanquish its rivals.
During the incidents in Gostivar in July (see below), the media’s coverage was one-sided, strongly defending the police action, despite the use of excessive force, and supporting harsh sentences for ethnic Albanian leaders. Moreover, local observers suspected that some reporters and cameramen had been "invited" to the scene by police in advance to witness the "successful" police action in Gostivar.
Bans on Foreign Publications
The Law on the Import and Distribution of Foreign Means of Mass Communication and on Foreign Informative Activities in Yugoslavia, inherited from former Yugoslavia, was still in force in Macedonia. It provided for confiscations of foreign publications. Although its article 6 stated that the "import of foreign publications into the Republic of Macedonia is free ...", exceptions to this paragraph watered down that freedom. In practice, this law allowed the police to seize any printed material containing text originating from abroad.
Upon the Helsinki Committee’s inquiry about the application of this law, the Ministry of the Interior replied that it was indeed necessary to draft a new law on the matter. However, it failed to take measures to return confiscated materials to their legal owners. The Helsinki Committee stated that the new law should be consistent with international standards, particularly with the provisions which promote free exchange of ideas.
In 1996 and 1997, the Helsinki Committee in Macedonia recorded bans on the import of foreign publications.
· In June 1996, 226 human rights documents published by international organizations such as the UN, the Council of Europe and human rights NGOs, were confiscated from members of the Albanian Helsinki Committee at the Tasmarunista check-point on the Macedonian-Albanian border.
· On 15 December 1996, 255 religious books were confiscated from Vlado Kocev, Macedonian citizen and Jehovah’s Witness, at the Tabanovce check-point. Some of the books, which were all his private property, were old and rare. Kocev was given no receipt for the confiscation. According to customs officers, the literature "had not been approved by the Ministry of the Interior." Kocev sent inquires to Macedonian authorities, from the customs office through the Ministry of the Interior to the Macedonian government, all in vain. In late 1997, Kocev filed a complaint to the public prosecutor which was pending as of this writing.
The Judicial System and Detainees’ Rights
The judicial system appeared to be still in a state of confusion following its reorganization, in accordance with numerous laws adopted by the parliament by June 1997, and the re-election of judges. There were inconsistencies in the appointment of judges, trials were dragged out, courts operated inefficiently, and the backlog of cases increased significantly. The quality of work performed by the courts was very low, a fact reflected by the great number of verdicts changed on appeal.
Contrary to Macedonian law, individuals were held in detention for long periods of time, also in cases where custody was not mandatory. Frequently, detainees were not informed about the reason for their detention, or they were only told the number of the paragraph in the statute on the basis of which they were being held. The system of state-appointed free legal aid for those who could not afford a lawyer of their own was restricted by law and inefficient in practice.
The trials against members of opposition political parties held in Gostivar, Tetovo and Krusevo raised serious concerns about the impartiality of the criminal justice system; for example, the judge repeatedly refused to allow defense witnesses to testify and limited consultations between the defendants and their lawyers. Political motivation was also reflected in the speed with which the trials were completed. The defendants were held in pre-trial detention for 63 days. The sentences were unusually severe. Courts and public prosecutors were reluctant to investigate allegations of misconduct by the police (see below), and to punish those responsible. Judges still failed to see their role as protectors of civil rights and freedoms, of legality and fairness, and still appeared to be acting as partners of the prosecution.
Misconduct by Law Enforcement Officials
The Helsinki Committee in Macedonia registered a number of cases of police misconduct.
· In December 1996, H.J. had been arrested on suspicion of shoplifting. He was arrested without a warrant, taken to the 1st district police station in Skopje, and forced to sign a statement the contents of which he did not see. He was not allowed to contact a lawyer. When he refused comply, he was threatened, beaten with clubs and punched until he eventually signed.
· On December 1996, some 20 officials of the Ministry of the Interior forced their entry to the premises of the firm Ascon Trade in Skopje, breaking down doors and demanding that employees surrender the weapons they allegedly had in their possession. When no arms were found, 15 employees were taken to the 1st district police station, held there for more than four hours and released with the explanation that the whole incident had been a "misunderstanding." In this case, the police reportedly took the exceptional step of apologizing to the company for the disturbances.
· On 27 May 1997, striking employees of the textile factory in the village of Capari, near Bitola, protested the company’s failure to pay their wages for four months. They blocked the entrance into the factory. At noon, 30-40 police officers from Bitola arrived and, without warning, physically attacked the strikers at the gate. As a result of the beating, several women, including Slavica Kapinkovska, Lena Vrcakovska, Suzana Geceva, Lence Spirovska and Paca Tancevska, suffered swollen ankles and wrists and bruises all over their body.
· According to the daily Dnevnik, on 27 May 1997, three participants of a protest organized by the clients of the savings bank TAT were arrested for throwing stones at the bank building. They later claimed that upon their arrest, police brutally beat them and forced them to sign false statements. One of the victims, Kire Damjanovski, who was subsequently sentenced to 40 days in prison, stated that he had been beaten all over his body, including his back and genitals, until he lost consciousness. Another victim, Toni Mitrevski, stated that he had been forced to sign a false confession written by the police and that he had been accused of physically attacking a police officer. Later, the police officer involved withdrew the accusation.
· On 11 July 1997, Pepi Krastanov was reportedly severely beaten by police for having had in his possession Bulgarian literature and because of his connections in Bulgaria.
The new Law of Criminal Procedure, which came into force on 11 April, declared illegal any unwarranted arrest by officials of the Ministry of the Interior. However, the Helsinki Committee in Macedonia received information on several cases in which individuals were summoned for "informative talks" to police stations without a court warrant.
The police used force against legally striking locomotive and truck drivers in November, and arrested civil servants of the local administration in Stip, all of whom were local leaders of the opposition party VMRO-DPMNE. According to the press, uniformed police officers were constantly on patrol at the Pedagogical Faculty in Skopje, probably due to the recent events there (see below). The management of the university did not object to their presence.
In the few cases in which victims of police abuse filed criminal proceedings against police officers, the proceedings dragged out unjustifiably.
· Judicial proceedings initiated against
a police officer known as "Arkan," suspected of having beaten several individuals
in Dracevo, Skopje, continued as of the end of 1997.
· In 1988, Ismail Biljari had initiated
criminal proceedings against police officers Blage Apostolovski and Peco
Pavlovski who he claimed had ill-treated him. The case was still pending
as of the end of 1997.
Events in Gostivar and Tetovo
According to a new law adopted by the Macedonian parliament on 8 July 1997, Albanian and Turkish minority members were allowed to display their national symbols, including Albanian and Turkish flags at private, cultural and sport events. However, by law, the flags could be hoisted from public buildings only on Macedonian national holidays and next to Macedonian flags, but not on important dates in the minorities’ calendars. This issue provoked great controversy, as many Macedonians regarded the hoisting of non-Macedonian flags as signs of secessionist anticipation.
· On 9 July 1997, the police pulled down Albanian flags that had been flying for several months before the adoption of the above law from the city halls of Gostivar and Tetovo. The local mayors refused to abide by the Constitutional Court’s ruling that, in line with the new regulations, the flags had to be removed. This dispute sparked riots in Gostivar between the police and ethnic Albanians who attempted to rehoist the flags. In the upheaval, at least three ethnic Albanians were killed and more than 50 injured. The police arrested more than 300 Albanians, including the ethnic Albanian mayor of Gostivar, Rufi Osmani, who faced charges along with some 20 others. Osmani was held in custody apparently without any legal grounds. On 17 September, Osmani was sentenced to 13 years and eight months in prison for, among other things, "inciting racial, religious and national hatred" (article 319), "organizing resistance" and "not respecting a court’s ruling." The head of the Gostivar city council, Refik Dauti, was sentenced to three years in prison for "not respecting a court’s ruling." The IHF observers to the trials of Osmani and Douti noted that the evidence sustaining their prosecution on the basis of article 319 was insufficient. They pointed out that the trial was far from fair; among other things, no witnesses for the defense were allowed. The delegation also noted that anti-Albanian statements made during the student demonstrations in early 1997 (see below), which were far more inflammatory, had not led to any arrests. On 19 February 1998, the Apellate Court in Skopje reduced Osmani’s sentence to seven yeras and Dauti’s to two years. Both appealed the sentences.
The Helsinki Committee in Macedonia expressed its concern about excessive use of force and other departures from the legal functions of the police. It said the police actions were disproportionate to the situation and exceeded all limits of acceptable use of force. The police also used force on individuals who were no longer resisting and in situations where no-one was physically endangered.
The individuals arrested, detained and held in custody in connection with the events in Gostivar were not informed about their rights guaranteed by national and international law. The police broke into homes and carried out searches, all without warrants, and so violated the right to privacy and inviolability of family life.
The Helsinki Committee stated that, to prevent similar misconduct in the future, it was necessary to develop legal standards for police activity which would be consistent with international standards regarding, for example, the use of firearms, house searches, and tapping of phones, etc.
Protection of Ethnic Minorities
Violations of the rights of ethnic minorities were registered in the field of education. The Law on the Use of Language in the Faculty of Pedagogy of St. Cyril and Methodius University in Skopje did not result in the expected increase of the use of Albanian language, as the leadership of the faculty postponed the hiring of Albanian-language teachers.
This omission resulted in protests by ethnic Albanian
students in early 1997. Macedonian students responded by organizing demonstrations
in February 1997, protesting against the law. They shouted inflammatory,
nationalistic and anti-Albanian slogans. The demonstrations were supported
by a large number of professors from the University St. Cyril and Methodius
and high schools throughout Macedonia. The police and courts failed to
take any measures against the agitators.
In 1997, the Macedonian Helsinki Committee received
43 individual complaints about the lack of Turkish-language education in
Zupa, near Debar. Ethnic Turkish parents persisted in requesting that their
children receive Turkish-language instruction.
· On 23 December 1996, some pupils of the primary school "Nedjati Zekirija" in the village of Kodzadzik were removed from their classes where they had received unauthorized education in the Turkish language.
The question of the status and future of the University of Tetovo - inaugurated in 1995 but never recognized by Macedonian authorities - remained unsolved and thus a potential source of inter-ethnic tensions. No dialogue to explore new approaches to the problem took place. However, in 1997, the ethnic Albanian population initiated activities with the goal of having Tetovo University legalized as a state institution instead of a private university.
Another issue that strained inter-ethnic relations was the delayed adoption of a new, adequate Law for Higher Education.
The IHF Secretariat and the Macedonian and Greek Helsinki Committees carried out a fact-finding mission to Macedonia in May 1997 to investigate the situation surrounding demonstrations by ethnic Macedonians against proposed Albanian-language higher education programs; the actual or planned development of parallel institutions by Albanians that raised fears of separatism; allegations of intimidation, harassment and other mistreatment of members of Albanian political parties; the consequences of deteriorating conditions in Albania for human rights issues in Macedonia, and other issues.
The IHF in general recognized the importance of policies by the Macedonian state which would allow and indeed encourage higher education being provided in Albanian and other "minority" languages in the Republic of Macedonia. The IHF also recognized that education in minority languages was more developed in Macedonia than in any other country in the region. Therefore, the IHF was deeply disturbed by the proposed new law on higher education which would exclude education in those languages even at private universities. It said this proposal was unsound from a human rights perspective, and gave the impression that an attempt was being made to manipulate the development of intellectual institutions for political purposes and for the culturally hegemonizing purpose of breaking the link between language and nationality. The proposal was legitimated by a communist-era interpretation of article 48 of the constitution which, while not guaranteeing higher education in minority languages, did not prohibit such education. The results of the mission were published in the report that was submitted to the OSCE.
Freedom of Religion
On 16 July, the Macedonian parliament passed the Law on Religious Communities and Groups. It divided religious denominations into two categories; article 8(1) defined as "religious communities" "voluntarily organized non-profit communities of adherents of the same religion"; and article 9(1) termed as a "religious group" a "voluntary non-profit association of adherents of the same religion who do not belong to any registered religious community." The Macedonian Orthodox Church and Islam were regarded by the law as "religious communities" and the non-traditional or "new" religions were categorized as "religious groups" whose registration could be restricted. Article 8 also stated that "one religion can have only one religious community," a rule favoring large, "traditional" religions.
The new law provided that "citizens can freely
and publicly establish religious groups in conformity with the law." While
the law was still pending, the Helsinki Committee in Macedonia organized
a public hearing with representatives of several confessional groups and
a representative of the government. The committee noted that the draft
law excessively restricted freedom of religion and it proposed several
changes to the bill. The committee said that the draft law favored "traditional"
religions and discriminated against "new" religions through the distinction
between "religious community" and "religious group," although both carried
out similar activities, including religious services and religious instruction.
Moreover, the law laid down rigorous controls
over the function of religious organizations which would in practice restrict
religious freedom.
A "religious group" wishing to be registered would have to have at least 50 adult adherents, each one a Macedonian citizen with permanent residence in Macedonia. The registration application would have to contain the names of all 50 founders, the addresses of their meeting places, and the names of persons who would organize the meetings. Religious groups that were not registered would be considered illegal.
The law restricted access for foreign preachers and missionaries to Macedonia; a violation of this provision carried a penalty of DEN 50,000 (USD 950), equivalent to six times the average monthly salary. Foreign citizens would be subject to penalties if they, for example, practised religious activities without permission or organized religious instruction for children under the age of 10 without the consent of their parents. Minor penalties were stipulated for nine other activities, including proselytism, collecting money, or carrying out activities outside the registered places of worship.
Even before the new law was adopted, Jehovah’s Witnesses had experienced difficulties in importing religious books. In 1995 and 1996, the Ministry of the Interior had consistently made radical reductions in the number of publications allowed to be imported into Macedonia, on average refusing about 90 percent. According the ministry, "the number asked for exceeded the needs." Jehovah’s Witnesses filed a complaint to the government complaints commission but this was rejected on 25 October 1997. Thereafter the community filed a complaint to the Supreme Court, which was still pending as of this writing.
Many religious groups complained that the new law vested the governmental Commission for Religious Issues with too broad and undefined powers.
The Macedonian Orthodox Church complained that the law did not recognize it as a "national" religion that would help preserve the ethnic and cultural identity of the Macedonian people.
Macedonia continued to deny the legitimacy of the Serbian Orthodox Church - as the Serbian Orthodox Church denied that of the Macedonian Orthodox Church. Serbian priests were not allowed to hold services for the Serbian minority in Macedonia.
· During the international conference on
"Identity, State, Religion and Security in Europe after the Fall of the
Berlin Wall," organized by human rights NGOs in Skopje on 26-27 October,
Macedonian authorities did not allow Bishop Irinej Bulovic and Archdeacon
Radovan Bigovic, of the Serbian Orthodox Church, to enter Macedonia in
order to participate in the conference because they had attempted to cross
the border wearing their frocks.
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