The Helsinki Committee Report

THE POLICE PLAYING THE LEADING ROLE

In its annual report, the Macedonian Helsinki Committee assigned the "leading role" to the Macedonian police which frequently stretched its legal authority.

AIM Skopje, January 27, 1998

In its annual report published early this year, the Macedonian Helsinki Committee (MHC) for Human Rights, which was founded only three years ago, points to the slowing down of the positive trends in the development of legal system registered in the previous reports. This is explained by the fact that a significant part of the country's legislations has not been adjusted with the Constitution, which this Committee considers a sufficiently broad framework for the protection of human rights, nor has it been harmonized with the ratified international instruments. In addition, the report points to the inconsistent practical application of some of the recently adopted laws. According to the Macedonian Helsinki Committee it is necessary to ensure the greatest possible transparency of work of the executive authorities, as well as to develop adequate social control over its operations.

If one is to decide who played the "leading character" in this report, the Macedonian police would undoubtedly be the most logical choice since it very often, more than zealously, stretched its legal authority in carrying out orders of its superiors. Judging by the statistical data from this report, a Macedonian police does not waste time in selecting the "object" of its "activities". It has both the Albanians and the Macedonians on its conscience, children and women, the old and the young alike, as well as all other categories of citizens. A typical situation is easy to describe. A group of policemen enters a private house or premises of a firm, apprehends "suspects" or a "suspect" without any warrant, and asks him to confess to his crime or to sign some kind of statement. If he refuses to sing "his" statement or to confess "his offence", the "suspect" is beaten up and in the end very often released with an explanation that it was all a mistake.

Another observation of the Helsinki Committee should also be mentioned. There was not a single case in which the police apologized to the victim after it realized that it had made a mistake, nor a case for which it assumed the responsibility resulting from it, including the payment of compensation for material damages or imposition of sanctions against individual policemen who have violated the rights and freedoms of citizens guaranteed by the Constitution.

Tragic events of July 9, last year, in Gostivar when all the existing rights of citizens were violated, including the right to life (when three Albanians were killed and hundreds more or less seriously injured) are described in a special chapter. The MHC assessed that by its action during riots in this town in Western Macedonia, the police overstepped limits, even those "which can be considered acceptable according to both the national and international law". It is important to point out that the MHC devoted very little attention to this event which prompted even the European Union to adopt a declaration in that respect. Nevertheless, it emphasizes that the police used force against individuals who did not offer any resistance (which was also seen on TV film), and that in numerous instances the constitutional right to the inviolability of home was violated, and also recommends "the development of legal standards relating to the police procedure (primarily regarding the use of fire arms and physical force, search, bugging etc.)".

The next chapter dedicated to the overstepping of the legal authority relates to judiciary whose logical role should be to mitigate the negative effects of previously described irregularities, but whose conduct gives a reason more for serious consideration of the ordeals of the so called "ordinary people" in Macedonia. "Neither the courts nor the public prosecutor's office are inclined to sanction the irregularities in the police work" states the MHC report, adding that "the judges are still not aware that their primary role is the protection of the rights and freedoms of citizens and the legality and fairness of proceedings, but still behave more as partners of the public prosecutor's office".

"Education is still one of the fields in which minority rights are being grossly violated", claims the MHC in that part of its annual report entitled "minorities" doing itself gross injustice by using this term since the present Constitution of the Republic of Macedonia refers to non-Macedonians as "nationalities" and not "minorities". The term "minorities" is the more so considered insulting, especially by the Albanians who insist on being considered a nation, and who only in the last resort and as a "provisional solution" accept the term "nationality".

Apart from describing the stalemate regarding the situation with the Teachers' College which is closed for two years now, the report mentions the case of the Tetovo University in the Albanian language which the Government still considers illegal. "The problem of the position and future of the Tetovo University, whose standards are still undefined and unknown, continues to represent the main easy-to-start generator of inter-ethnic tensions", considers the MHC. The stalling with the adoption of the Law on Higher Education is another aggravating circumstance in MHC's opinion "as it prevents the definition of legal parameters which would serve as a basis for valuating the existing and desired institutions of higher learning and which would help define legal procedures for the future establishment of such institutions".

In monitoring the degree to which human rights and freedoms are observed in Macedonia, the MHC gives a survey of the state of religious rights. This issue was topical early last year when the Government submitted and the Parliament adopted the Law on Religious Communities and Groups. At the time when it was still a bill, the MHC organized a public discussion in order to demonstrate that it did not meet with the wishes of all citizens, especially those who are considered members of non-traditional or "new" religions. According to them, as MHC states, "the Law favours 'traditional' religions to the detriment of the 'new' ones. This is evident from the fact that the Law makes a difference between a 'religious community' and a 'religious group', although the activities of both are the same and boil down to a liturgy, a moral lesson, etc." This chapter concludes with a data that in early December last year several religious communities which were dissatisfied with the Law launched an initiative before the Constitutional Court of Macedonia for the examination of the legality of this legal instrument.

Another element from this report that is worth mentioning is that which refers to the media. A greater part of this chapter describes positive trends registered in the development of the media which started with the emergence of the first private papers and the triple reduction of prices which caused a "boom" in circulation. However, at the same time it mentions that the Government still gives preference to the publications of the Newspaper and Publishing House "Nova Makedonija" (New Macedonia). It also states that that private TV and radio stations fear that state television, which of recently started charging subscription through electricity bills (which proved as an extremely efficient method), could easily dump the advertising and announcement prices and thereby destroy the competition from the private sector.

Finally, it should be pointed out that during the events in Gostivar and later on during the trials which ensued, the HC observed "one-sided information and the language of hate in the media which, more or less, defended and glorified the police action in Gostivar and supported accusations in the proceedings against Rufi Osmani (the Gostivar Mayor). At the same time, the chapter dedicated to the media states the information that during 1987 "The Helsinki Committee could not get credible information on the attempts to introduce censorship and other forms of denying the freedom of public expression".

AIM Skopje

IBRAHIM MEHMETI