Academic journal article European Journal of Sustainable Development

Isolation - Sanction without a Trial for Kosovo's Albanians (1981-1989)

Academic journal article European Journal of Sustainable Development

Isolation - Sanction without a Trial for Kosovo's Albanians (1981-1989)

Article excerpt

1. Introduction

After the alterations in the state and politic head of Kosovo following the year of 1981, with the successive interventions of Serbia and its secret structures in Kosovo, the functioning of its institutions within its territory or within the federation, where it was a constitutional subject of Yugoslavia ([10]SFRY Constitution, Article 1 and 4, 1974), begun to fade. From Serbia's pressure on one side and the of the federation in the other side, the degradation of the judicial system begun, which at the time were easily controlled and influenced by Belgrade's politics, even though the applicable laws of Kosovo for the Courts ([5]Law on the Regular Courts in Kosovo, Official Gazette SAPK, nr. 21/78 and 49/79) where applicable. Despite the guaranteed autonomy of Kosovo in the SFRY Constitution and the silent approval by the political factor of Yugoslavia, the republic of Serbia on March 23rd 1989 intervened unconstitutionally against Kosovo ([10]SFRY Constitution, Article 5, 1974) abolished the political, judicial, educational, health and financial system etc. This unconstitutional intervention of Serbia did not reach to consciousness of the leaders of the six SFRY republics nor to the prime minister of the federal government, Ante Markovic, who instead of requesting for penal prosecution of Slobodan Milosevic for unconstitutional actions and violent alterations of the internal borders of the Republics and Provinces, he with his defense minister Velko Kadijevic joined the festivities of the Serbian "VOZD" in Sava Center in Belgrade on June 28th of 1989.

2. The politically isolated

In juridical literature often is heard about political sentencing, political convicted, political prosecuted, but little is known about the term Politically Isolated, which was applied against the demonstrated and those against the regime in Kosovo and Yugoslavia. This provisional measure was provided with the Internal Affairs Law of SAPK and was provisionally applied to those who were considered a threat to security and order ([4]article 47 of the Law of Internal Affairs, SAPK, Official Gazette, nr. 48/77 and article 53, paragraph 2 of the Internal Affairs Law, SAPK, Official Gazette, nr. 46/87). Thus we see this law was approved in the year of 1977 and firstly used against the "nationalists" that had demonstrated against economic and political inequality in Yugoslavia on March 1981 and March of 1989, year this when Kosovo's Autonomy was abolished unconstitutionally and under police and military violence by Serbia.In the 1987 Law of Internal Affairs of the SAPK the isolation measure was also provided.For this law to apply, it was requested that the Leadership of SAPK, as the highest constitutional organ, to evaluate security and then the government who at the time was called the Executive Council of SAPK, would issue a ruling for the measure to be applied. This measure had a provisional character and with this measure certain persons were denied to reside in particular places. According to the records in possession it results that this sentence was imposed from the year of 1981 and on against persons that were considered as dangerous by the Communist League. According to the verdict nr. 25/82 of April 14th 1982, signed from the Internal Affairs Secretary of the SAPK, it writes, "Ruling, R.S. order incarceration in the County Prison - Peje starting on April 14th 1982". Also in the ruling nr. 338/1 of March 28th 1989 issued by the secretary of Internal Affairs of SAPK, signed by the Secretary of Internal Affairs against the Albanian citizens of Kosovo was the same aforementioned ruling. In fact the person against whom this measure was imposed, H.H. was not isolated as ruled in the County Prison in Gjilan but instead was deported in the County Prison in Shabac, Vranje, Belgrade in Serbia and none from the family knew his whereabouts until April 10th 1990. (tablebelow, nr. 47) In the law this measure if provisional but it does not define its length, therefore his measure can be imposed in length defined by the official and not the law. …

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