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151. The field staff of the Special Rapporteur have received and verified information that a number of municipalities (Ilok, Vukovar, Beli Manastir and Batina) in UNPA Sector East have adopted a regulation which provides for the accommodation of displaced persons and refugees with minority families. The Ilok municipality has further adopted a regulation which prohibits those who are due for transfer/exchange from selling their properties.

152. In UNPA Sector West, the system for the exchange or swapping of immovable properties continues to facilitate the division of the population along ethnic lines. Local real estate agents and the local Red Cross help in arranging these property transactions. The residents (mainly Serbs) of Daruvar, Novska, Nova Gradiska and Zagreb are put in touch with residents (mainly Croats) of the Banja Luka area in Bosnia to negotiate a property exchange deal. Once the parties have agreed, the real estate agents prepare the contract, which the parties sign. The contract is then deposited with a local land registry.

153. The Croatian municipalities in Sector West have so far this year reported some 157 such property transactions. The field staff of the Special Rapporteur have been informed that the Croatian authorities have begun to review these property transactions because they impinge on displaced persons' and refugees' right of occupation of abandoned houses.

Forced unremunerated labour

154. Cases of forced or unremunerated labour reported from UNPA Sector North are being monitored carefully by the field staff of the Special Rapporteur. In March 1994, it was brought to the attention of the international organizations that seven Croats from Golinjas village, Vrginmost municipality, who were mobilized by the local authorities to go to the front lines, were sent instead to perform unpaid labour at a private road-maintenance company. An investigation of this company revealed that, among 22 workers (15 Serbs and 7 Croats), only the Serb workers were paid for their work; the Croat workers were compelled to work with no remuneration. It was later reported that, in September 1994, the company management changed its policy and began to pay its Croat workers.

Freedom of expression and association

155. In his fifth periodic report (E/CN.4/1994/47, para. 133), the Special Rapporteur expressed concern regarding the current use of indoctrination and disinformation as a means of spreading divisiveness and animosity in the former Yugoslavia. Issues relating to the situation of the media in the former Yugoslavia will be dealt with in a forthcoming thematic report. Nevertheless, the Special Rapporteur wishes to seize this opportunity of addressing some of his main concerns with regard to the UNPAs.

156. The Special Rapporteur has received reports about the political victimization of members of the Radical Party of Serbia who have refused to participate in political life in the so-called "Republic of Serbian Krajina", and of others who profess an independent perspective. People who hold views contrary to those of the leadership tend to suppress them, in order not to be declared enemy agents or traitors.

157. With regard to freedom of expression in the so-called "Republic of Serbian Krajina", the Special Rapporteur notes that opportunities for disseminating ideas via visual and printing facilities are limited. Each sector within the "Republic of Serbian Krajina" has a radio station for public information. News about the war situation dominates the reporting. There is one television station for the "Republic of Serbian Krajina", which is linked to Pale TV in the Serb-held territories of Bosnia and Herzegovina. Its programming is drawn from Pale and Belgrade. No daily newspapers appear in the so-called "Republic of Serbian Krajina". The sole newspaper, published in UNPA Sector North, is a small biweekly, The Serbian Voice. The newspaper's reputation for outspokenness has reportedly led local authorities to harass its journalists on a routine basis. Most other daily or weekly newspapers and journals that cross into the "Republic of Serbian Krajina" come directly from Belgrade and Pale.

158. The Special Rapporteur has further been informed that, on 28 August 1994, in Beli Manastir, UNPA Sector East, two Croat journalists, Steve Gaunt and Anita Rajkovic, were arrested in the separation zone by "Republic of Serbian Krajina" authorities and charged with espionage. They were reportedly released on 29 September 1994 in response to an intervention by UNPROFOR, Civil Affairs.

Conclusions and recommendations

159. The Special Rapporteur finds it discouraging to note that the general human rights situation in the UNPAs has remained more or less unchanged since the submission of his earlier reports. A cause for particular concern is the ongoing violence, harassment and intimidation directed against members of the minority groups which still remain in the areas.

160. The Special Rapporteur calls upon the local authorities to ensure the protection of the most vulnerable members of their communities and to bring extremists under control. He further reminds the leadership of the so-called "Republic of Serbian Krajina" of its responsibility to maintain order and to secure the right to a fair and just trial under all circumstances in the territories under its control.

161. The Special Rapporteur urges both the Government and the de facto "Republic of Serbian Krajina" authorities to refrain from adopting measures which would purport to legitimize the occupation of property left behind by those who departed fearing ill-treatment. Such measures would compromise further the conditions for return of the original residents.

III. FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)

A. Introductory remarks

162. The Special Rapporteur notes the fact that, owing to the refusal of the Government to permit the establishment of a field office in the Federal Republic of Yugoslavia (Serbia and Montenegro), he has been unable to collect firsthand information concerning the human rights situation in that country. In view of this fact, the Special Rapporteur finds it even more discouraging to note that the Government has, since the submission of his sixth periodic report, rejected all his requests to send missions to the country in order to investigate recent allegations of human rights abuses.

163. It should further be noted that the Government's reluctance to cooperate with the Special Rapporteur is in contravention of paragraph 30 of Commission on Human Rights resolution 1994/72, in which the Commission

Demands

164. The Special Rapporteur notes with concern that foreign journalists are facing difficulties in performing their duties in the Federal Republic of Yugoslavia (Serbia and Montenegro), a fact illustrated by the withdrawal of the accreditation of 13 foreign correspondents in April 1994.

165. The Special Rapporteur has also taken note of the comments on his sixth periodic report by the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) (E/CN.4/Sub.2/1994/45). The Special Rapporteur presented his remarks on these comments in a letter dated 26 August 1994 to the Chairman of the Commission on Human Rights, which is annexed to the present report.

166. By letter dated 16 September 1994, the Special Rapporteur informed the Minister for Foreign Affairs of the Federal Republic of Yugoslavia (Serbia and Montenegro) of his main concerns regarding the human rights situation in the country, and invited the comments of the Government. As of the date of publication of the present report, no substantial reply has been received by the Special Rapporteur.

167. The Special Rapporteur has been unable to collect and verify information on-site. In order to carry out his mandate, he has been obliged to base his research on information received from a wide range of sources, including international governmental organizations, local and intergovernmental organizations and private individuals. In this regard, the Special Rapporteur wishes to express his particular gratitude to the following local non-governmental organizations, all based in Belgrade: the Humanitarian Law Fund, the Centre for Anti-War Action and the newly founded Helsinki Committee for Human Rights in Serbia.

B. Serbia

Security of the person and the decline of the rule of law

168. A cause for great concern in the Federal Republic of Yugoslavia (Serbia and Montenegro) in general, and in the Republic of Serbia in particular, is the continuing violence and the apparent incapacity or reluctance of the police forces to control the situation and to restore respect for fundamental human rights. The Special Rapporteur has continued to receive information according to which law enforcement officials have, on numerous occasions, chosen not to interfere in situations where persons, often but not exclusively belonging to ethnic or religious minorities, have been harassed or ill-treated by paramilitary units or groups of civilians.

169. In recent times, the Serbian police have allegedly increased their presence in public places and performed a large number of seemingly unmotivated identity checks and vehicle controls. This practice has reportedly resulted in a tense atmosphere of fear and insecurity. The Special Rapporteur has also received a number of reports of excessive use of force by the police. This violence appears to be directed mainly, but not exclusively, against members of minorities and the political opposition, as well as teachers, students and academics. A particularly brutal incident was reported to have taken place in the "Slavia" Square in central Belgrade on 19/20 July 1994. Allegedly, between midnight and 2 a.m., two unidentified men were intercepted by a police patrol. The two men, who reportedly offered no resistance, were then handcuffed and brutally beaten and kicked by the police officers. Allegedly, a senior police officer who arrived at the scene did nothing to stop the ill-treatment.

170. In this context, the Special Rapporteur also wishes to draw attention to the letter of 21 July 1994 sent by the Special Rapporteur on the question of torture, Mr. Nigel S. Rodley, to the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro). In that letter, the Special Rapporteur listed a large number of cases of torture and severe ill-treatment of men, women, children and elderly persons, reported to have occurred in the Federal Republic of Yugoslavia (Serbia and Montenegro), particularly in the province of Kosovo.

Discrimination on ethnic and political grounds

171. During recent months, the Special Rapporteur has received a number of reports describing cases in which members of minorities have been evicted from their apartments or lost their jobs, for no other apparent reason than their ethnic or religious background. Most of these cases appear to have taken place in locations outside Belgrade, especially in the region of Sandzak and in the provinces of Kosovo and Vojvodina. The authorities seem to be slow and reluctant to take appropriate action to prevent such cases of discrimination. In late September 1994, it was reported that Dr. Vladimir Erceg was being evicted from his home in Belgrade by the authorities of the Savski Venac commune. Allegedly, the decision to evict him was not based on a court order. It was further reported that Dr. Erceg had been dismissed from his position as a university professor on 30 September 1994. Allegedly, these measures were taken because of Dr. Erceg's Croatian origin. In a letter of 6 October 1994, the Special Rapporteur requested the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) to clarify the grounds on which the decisions to evict and dismiss Dr. Erceg were made. To date, the Special Rapporteur has received no answer.

172. An illustrative example of discriminatory abuse of legislative acts is the manner in which the Act of the Yugoslav Army, passed on 6 November 1993, has been implemented. According to paragraph 350 of this law, all officers and civilian employees of the army who are not citizens of the Republic of Serbia must, in order to remain in service, obtain their Serbian citizenship within six months from the entry into force of the Act. More recently, the Special Rapporteur has learned that the Ministry of Internal Affairs has on numerous occasions left unanswered applications for citizenship from persons affected by this law.

173. Several cases of discrimination on political grounds have also been brought to the attention of the Special Rapporteur. Members of the Serbian Renewal Movement and the Democratic Union appear to have been particularly exposed to dismissals, salary cuts and other discriminatory measures.

174. With regard to the cases of ethnic and political discrimination referred to above, the Special Rapporteur wishes to draw particular attention to article 26 of the International Covenant on Civil and Political Rights, according to which "the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". The Special Rapporteur wishes to stress that the Covenant is legally binding on the Federal Republic of Yugoslavia (Serbia and Montenegro) and that, therefore, the Government is under an obligation to take legal measures to prevent dismissals, evictions or other similar acts which are clearly of a discriminatory nature.

Freedom of assembly and association

175. The Special Rapporteur has taken note of the new draft law, approved by the Federal Government, concerning political parties in the Federal Republic of Yugoslavia (Serbia and Montenegro). According to information received, this law would empower the Federal Ministry of Justice to initiate charges against a political party before the Constitutional Court, at any time, if there were suspicions that its statute might be contrary to the law or the Constitution. The activities of the party would be suspended during these often lengthy proceedings. This law, if enacted, could invest the Government with enormous powers, which ultimately might constitute a threat to freedom of assembly and association in the Federal Republic of Yugoslavia (Serbia and Montenegro).

176. With regard to the situation of trade unions, the Special Rapporteur notes that, during recent months, he has continued to receive reports describing unequal treatment by the Government and employers of the independent trade unions. Thus it has, for instance, been reported that trade union activists have on numerous occasions been subjected to mass dismissals. Moreover, the Special Rapporteur has taken particular note of a number of reports according to which 30 activists belonging to the independent trade unions have been arrested since January 1994.

The question of citizenship

177. The Special Rapporteur expresses his concern regarding the fact that the draft proposal for a new Citizenship Law is still awaiting approval by the Parliament. Because of the uncertainties currently surrounding this question, a reform of the existing legislation on citizenship is of the utmost importance. The present situation appears to be particularly problematic for two specific groups: (a) persons who held the old Socialist Federal Republic of Yugoslavia citizenship are resident in Serbia or Montenegro but do not hold Serbian or Montenegrin citizenship and who have not acquired citizenship of any other State of the former Yugoslavia; and (b) refugees and displaced persons from other parts of the former Yugoslavia who wish to take up residence in the Federal Republic of Yugoslavia (Serbia and Montenegro). Therefore, the Special Rapporteur encourages the Government to take the steps needed in order to bring clarity to the question of citizenship in the Federal Republic of Yugoslavia (Serbia and Montenegro).

The situation of refugees

178. According to recent reports, during the first half of 1994 the Serbian authorities continued, albeit on a smaller scale than before, their practice of mobilizing persons with refugee status for service in armed units operating in the Serb-controlled regions of Bosnia and Herzegovina.

179. The Special Rapporteur is particularly concerned about the Refugee Act proposed in May 1994. If enacted, this law could reportedly result in the revision of the refugee status of up to 100,000 people currently living as refugees in the Federal Republic of Yugoslavia (Serbia and Montenegro).

180. The Special Rapporteur has further been informed that asylum-seekers, mostly Serbs and Muslims from Bosnia and Herzegovina arriving in Serbia, have been arrested or sent back by the Serbian authorities. Thus it has, for instance, been reported that, in late July 1994, a Muslim family from Prinjavor, seeking asylum in Serbia, was arrested and detained upon arrival in Sremska Mitrovica. A number of such incidents are reported to have taken place, particularly in the period July-September 1994.

181. In his fifth periodic report (E/CN.4/1994/47, paras. 222-226), the Special Rapporteur drew attention to the difficult humanitarian situation in the Federal Republic of Yugoslavia (Serbia and Montenegro). This situation appears to have remained more or less unchanged during the past six months. It is evident that the shortage of medical supplies, heating fuel, etc. has particularly severe consequences for the most vulnerable groups in society, that is, women, children, the elderly and refugees. It should be noted that the Federal Republic of Yugoslavia (Serbia and Montenegro) at present hosts 449,000 refugees. The extra burden this group constitutes on the country's already strained economy and infrastructure should not be underestimated. It is to be hoped that the steps and decisions contained in Security Council resolution 943 (1994) of 23 September 1994 will help to increase support for those persons currently in need of assistance.

1. The situation in Kosovo

182. Regular and consistent reports indicate that the situation in Kosovo has deteriorated further in the course of the past six months. The Special Rapporteur has taken note of some particularly disturbing reports according to which, during the period January to June 1994, more than 2,000 persons were taken to police stations for so-called "informative talks", lasting from hours to several days. A majority of these persons were allegedly subjected to severe ill-treatment and torture while detained by the police.

183. During the past month, there has reportedly been a drastic increase in the number of violent house searches, raids and arbitrary arrests by the law enforcement authorities. Most of the violence has reportedly occurred when the police, under the pretext of looking for hidden arms or wanted persons, raided homes or entire neighbourhoods. During these searches, minors, women and elderly people have reportedly also been ill-treated, apparently because of their relationship to persons wanted by the police. These attacks appear to be controlled or at least condoned by the leadership of the law enforcement authorities. According to recent reports, in the period 1 January to 30 June 1994, more than 3,000 homes were searched and more than 1,700 persons subjected to police abuse in connection with the raids. A particularly brutal incident was reported from Podujevo, where the police, while conducting an identity check on 15 September 1994, violently forced the passers-by to lie down on the ground. Fourteen of these people were subsequently beaten brutally by police using truncheons.

184. Undue delays and serious irregularities have been reported in connection with court proceedings against a large number of ethnic Albanians accused of posing a threat to the territorial integrity of the Federal Republic of Yugoslavia (Serbia and Montenegro). The majority of the accused appear to be members of the Democratic League of Kosovo (LDK). One of the latest of these trials reportedly started in Prizren on 16 September 1994 against four ethnic Albanians, members of the League. It is alleged that two of the defendants were arrested as early as 24 May 1994, and that they have been kept in detention since that date. Moreover, it appears that these persons have been subjected to severe ill-treatment during interrogations by the police.

185. Another cause for concern are the extremely difficult circumstances under which schools and other educational institutions work in Kosovo. It has been reported that, on 22 February 1994, the Government discontinued the activities of the Academy of Sciences and Arts of Kosovo and confiscated its building. Moreover, it is with great concern that the Special Rapporteur has taken note of reports according to which several Albanian primary and secondary schools have been forced to interrupt their work because of police harassment. Shortly after the beginning of the school year in early September 1994, it was reported that police entered the premises of several elementary schools. A particularly brutal incident was reported to have taken place in connection with a police raid on 1 September 1994 at the "Ibrahim Pervizi" elementary school in Mitrovica. During the raid, several teachers were reportedly severely beaten and kicked in front of their pupils by police officers. Two of the teachers allegedly had to seek medical care after the incident.

2. The situation in Vojvodina

186. Although the overall situation in Vojvodina appears to have improved during recent months, some cases of discriminatory treatment have allegedly occurred. According to reports, members of the political opposition and representatives of ethnic and religious minorities still experience difficulties in gaining access to the media. Furthermore, it appears that the number of ethnic Hungarians employed in the police force has been drastically reduced. With regard to the situation of the school system in the province, the Special Rapporteur wishes to note that, while the availability of Hungarian-language primary education appears to be more or less secured, only some 8 or 10 high schools provide classes in the Hungarian language. In addition, these high schools seem to be spread all over the province and not, as could be expected, concentrated in areas with large minority settlements.

187. It is with particular concern that the Special Rapporteur has taken note of the bomb explosion reported to have occurred on 1 June 1994 outside the Franciscan church in Subotica. Although no casualties were reported, the incident must be seen as very serious and symptomatic of the tensions still prevailing in the region.

3. The situation in the region of Sandzak

188. In his sixth periodic report (E/CN.4/1994/110, para. 144), the Special Rapporteur noted a slight improvement in the human rights situation in Sandzak. Regrettably, this positive development seems to have come to a halt and given way to a new escalation of violence and harassment directed mainly against members of the Muslim community, especially in the regions at the border with Bosnia and Herzegovina. Reportedly, groups of armed civilians and paramilitary units crossing the border to Bosnia and Herzegovina bear the main responsibility for most of these actions. As noted before, the police appear to condone and, in some instances, even participate actively in these brutal attacks.

189. Reports and specific allegations indicate that the police have on numerous occasions used unjustifiable force in connection with so-called arms searches in both private homes and public places. The Muslim community in general, and members of the Party of Democratic Action (SDA) in particular, seem to be the main targets for these actions. Thus, under the pretext of looking for hidden arms, the police break into private houses and apartments. As a general rule, the inhabitants and other persons who happen to be present are then subjected to beatings and other forms of ill-treatment. During the period from February to March 1994, the police reportedly intensified their raids in the following villages: Karajukica Bunari, Ugao, Raskovice, Medjugor, Dunisice, Vapa, Bagasice, Citluk, Breza, Fijulje, Ursule, Dujke, Kladnica, Papici, Sugubine, Saronje and Borostica. Searches and mass arrests have reportedly also been carried out recently in a number of other villages in the municipalities of Pljevlja, Petnjica and Prijepolje. In connection with these arms searches, it was reported that some people who did not own firearms were ordered by the police to buy weapons and surrender them to the authorities. Many people have apparently followed these orders, in the hope of avoiding further harassment.

190. Allegedly, persons detained by the police are often held well beyond the statutory period of three days before being brought before an investigating judge. In order to extract self-incriminating statements or confessions, detainees are reportedly often ill-treated and subjected to torture, including severe beatings with truncheons and metal clubs, as well as electric shocks on all parts of the body.

191. According to information recently received, the 25 Muslims accused of threatening the territorial integrity of the Federal Republic of Yugoslavia (Serbia and Montenegro), referred to in the Special Rapporteur's sixth periodic report (ibid., para. 145), are still being detained in Novi Pazar. The Special Rapporteur notes that these persons have been kept in detention since 23 May 1993 and that court proceedings against them were instituted on 31 January 1994, some eight months after their arrest. Moreover, the Special Rapporteur recently received alarming reports according to which these persons had been subjected to severe ill-treatment and torture. Statements given under torture or extreme duress have allegedly also been used in the proceedings against the accused. It has further been reported that 16 of the detained began a hunger strike on 1 August 1994 as a protest against the undue delays in the court proceedings, after their trial had been postponed for the fifth time on 29 July 1994. For health reasons, the detainees reportedly ended their hunger strike after two weeks.

192. Moreover, the Special Rapporteur recently received reports of a most alarming nature indicating that Mr. Munir Sabotic, a shopkeeper from Novi Pazar, had been forced by the police to appear as a witness for the prosecution in the above-mentioned trial. On 31 August 1994, Mr. Sabotic was allegedly tortured and forced by officers of the State Security Service in Novi Pazar to sign incriminating statements to be used against the accused in court. It was further reported that Mr. Sabotic had appeared in court on 19 September 1994, and confirmed while giving testimony that the statements attributed to him had in fact been extracted under torture, and that therefore they were null and void. When Mr. Sabotic left the court-house after the hearing, he was reportedly called to the police station, where he was subjected to more torture and ordered to retract the statement he had made in court. Allegedly, as a result of this treatment, several of his ribs were broken. Mr. Sabotic has further reportedly testified that, after having been detained and ill-treated, he was released under threat of more torture and told that the life and security of his family might be in danger if he did not comply with the demands. It is further reported that the police confiscated the medical records describing the injuries Mr. Sabotic suffered during the interrogations.

193. A process similar to the one in Novi Pazar was reportedly initiated by the Bijelo Polje Court of Higher Instance on 26 September 1994 against 21 Muslims from Rozaj, Bijelo Polje, Verani and Pljevlja. The detainees, who allegedly were forced to sign false statements under torture, are accused of posing a threat to the territorial integrity of the Federal Republic of Yugoslavia (Serbia and Montenegro).

194. By letters of 10 June, 12 August and 30 September 1994, the Special Rapporteur requested the Government to inform him of the conditions under which the 25 persons detained in Novi Pazar were being held and of the steps taken to ensure their right to a fair trial without undue delay. In his letter of 30 September 1994, the Special Rapporteur further expressed his deep concern for Mr. Munir Sabotic, and requested the Government to inform him of the measures taken to investigate the allegations of torture and ill-treatment of Mr. Sabotic in detention. In his letters of 10 June and 30 September 1994, the Special Rapporteur also requested that international observers, including representatives of the Centre for Human Rights, be allowed to travel to Novi Pazar and Bijelo Polje to follow the trials and to investigate the allegations made. The Special Rapporteur is still awaiting the Government's response to these questions.

195. The Special Rapporteur wishes to emphasize that the cases referred to above cannot be regarded as isolated or random acts by the law enforcement authorities. They should rather be seen as examples of a long series of past and present trials in which the fundamental rights of the accused and witnesses have been violated in a most flagrant way by members of the police and the judiciary.

196. With regard to the situation of the persons referred to above and others detained under similar circumstances in the Federal Republic of Yugoslavia (Serbia and Montenegro), the Special Rapporteur wishes to stress that, as much as it is the right, and indeed the duty, of a State to investigate criminal charges against its citizens, it is also its duty to respect their fundamental human rights, including the right to a fair trial without undue delay and the right not to be subjected to torture or cruel, inhuman or degrading treatment in detention. Furthermore, the Special Rapporteur wishes to remind the Government that the Federal Republic of Yugoslavia (Serbia and Montenegro) is a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and is as such under an obligation to take effective legislative, administrative, judicial or other measures to investigate alleged cases of torture and to prevent such acts in any territory under its jurisdiction.

C. Montenegro

197. According to information received, the situation of the independent trade unions in Montenegro has deteriorated in the course of the past six months. Local sources report that the unions are not in a position to assist persons affected by growing unemployment and forced holidays because of a severe lack of skilled people to lead and manage the organizations. The persons who could have taken this leading role have reportedly all left the country. Therefore, the Special Rapporteur encourages the Government of Montenegro to ensure that trade union and workers' rights are respected, and that any conflicts or strikes that may occur are resolved in a peaceful manner.

D. Conclusions and recommendations

198. The Special Rapporteur finds it discouraging to note that the police forces in the Federal Republic of Yugoslavia (Serbia and Montenegro) appear reluctant to prevent and control acts of violence and harassment. The acquiescence in such acts shows evidence of an unacceptable disregard for fundamental human rights on the part of those authorities which are primarily responsible for the security of the citizens of their country.

199. It is with great concern that the Special Rapporteur takes note of the numerous occasions on which police units are reported to have used excessive force when carrying out their duties. He, therefore, urges the Government to improve discipline in the country's police forces and to prevent further cases of police abuse.

200. The Special Rapporteur requests the Government to investigate and prevent all cases of evictions and dismissals that may be of a discriminatory nature.

201. The Special Rapporteur further urges the Government to put an end to the police abuse and violent house searches in the province of Kosovo and the region of Sandzak. He also calls upon the Government to ensure that persons detained or under investigation are not subjected to ill-treatment or torture, and that their trials are conducted in a fair manner without undue delay.

202. The Special Rapporteur urges third States to proceed with great caution in deciding whether to return externally displaced persons to the Federal Republic of Yugoslavia (Serbia and Montenegro) in cases where human rights abuses are known to occur in or near their home places.

203. The Special Rapporteur urges the Government to reconsider its refusal to allow international monitors to conduct missions to the territories of the Federal Republic of Yugoslavia (Serbia and Montenegro) and its refusal to permit the opening of a field office of the Centre for Human Rights.

IV. THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

A. Introductory remarks

204. Pursuant to paragraph 33 of Commission on Human Rights resolution 1994/72, the Special Rapporteur has continued monitoring developments regarding the human rights situation in the former Yugoslav Republic of Macedonia. Accordingly, the Special Rapporteur visited Macedonia from 27 to 30 July 1994.

205. During his visit, the Special Rapporteur was received by the President of the Republic, the Prime Minister and the Chairman of the Assembly, as well as by the Minister of Foreign Affairs, the Minister of the Interior and the Minister of Justice. He also met the Head of the Spillover Monitor Mission of the Conference on Security and Cooperation in Europe (CSCE) and the delegate of the Special Representative of the Secretary-General at the UNPROFOR Command, former Yugoslav Republic of Macedonia, and held discussions with representatives of the Macedonian Orthodox Church, the Islamic community and the Catholic Church, as well as with a delegation of the Serbian community and representatives of the Council for the Defence of Human Rights and Freedoms in Pristina.

206. The following report is based mainly on information gathered by the field office of the Centre for Human Rights in Skopje and the assessment made thereon by the Special Rapporteur following his visit to the former Yugoslav Republic of Macedonia. The Special Rapporteur reiterates his gratitude to the Government for all the cooperation received in the discharge of his mandate, and particularly for the comments provided for the preparation of this report. The Special Rapporteur continues to be particularly indebted to UNPROFOR and to the CSCE Spillover Monitor Mission.

B. Right to a fair trial

207. The administration of justice in the former Yugoslav Republic of Macedonia still functions on the basis of the system created under the Constitution of the Socialist Republic of Macedonia. New civil and penal codes and procedures have still not been adopted by the Assembly, notwithstanding the provisions of the Constitutional Act to that effect. The law on the establishment of the Public Attorney (Ombudsman) has also not been adopted.

208. The judiciary is still run by judges appointed by the communist regime and, although the law on the Office of the Public Prosecutor has already been passed, no new Prosecutor has been appointed. Only the new members of the Constitutional Court have so far been appointed according to the new procedures.

209. The Government of the former Yugoslav Republic of Macedonia has pointed out that the law on regular courts and the criminal and criminal procedures laws have not yet been adopted owing to the resistance of the opposition parties in the Assembly. The adoption of these laws requires a two-thirds majority. Moreover, the Government has also stated that the adoption of the Constitution harmonized all the provisions of the Code of Criminal Procedures which had not complied with international standards.

210. Most, if not all, allegations brought to the attention of the Special Rapporteur concern court proceedings in which the superior judicial instances are yet to be exhausted and the defendants are using their right to appeal. This also appears to be the case of the 10 ethnic Albanians - nine citizens of the former Yugoslav Republic of Macedonia and one from the Federal Republic of Yugoslavia (Serbia and Montenegro) - who were found guilty in June 1994 of having formed paramilitary groups in order to overthrow the constitutional order in the former Yugoslav Republic of Macedonia. Notwithstanding the fact that the information received does cast some doubts on the fairness of this trial, which received considerable coverage owing to its political implications, the Special Rapporteur believes that the superior judicial instances should be allowed to discharge their duties according to law and correct any irregularity that might be proved to have been committed by lower instances. The Special Rapporteur will continue to follow the development of this case.

C. Right not to be subjected to torture

211. The Special Rapporteur has received a number of reliable allegations of excessive force being used by the police in the discharge of their duties. The Government has responded by pointing out that such allegations are groundless and that many of the alleged victims have been involved in illegal activities. While some of them have reportedly pressed charges against the authorities, others have not. Without prejudice to the outcome of the relevant court proceedings, the Special Rapporteur has good reason to believe the validity of these allegations.

212. On 14 April 1994, Mr. Jove Bojkovski was reportedly fired at and severely wounded while in police custody. Mr. Bojkovski has alleged that his legs were tied to a chair and his hands behind his back when the shot was fired. He contends that he was kept in police custody for almost four days, without food or sleep, and was severely mistreated. The Government has acknowledged that Mr. Bojkovski was in police custody on that date and that he was indeed injured by a firearm, but as a result of firing it himself.

D. Right to freedom from arbitrary arrest

213. In most of the cases of arrest reported to the Special Rapporteur, it has been alleged that the individuals concerned have remained in police custody for more than the 24 hours allowed by the Constitution, that the reasons for their arrest were not made known to them, and that legal counsel was denied.

214. It has also been reported that the "maximum period of 90 days" for detention established by article 12 of the Constitution was interpreted by the Supreme Court in December 1991 as referring to the period of temporary detention before the indictment is put before the court. The courts would thus be free to extend the duration of detention according to the provisions of the old law for criminal charges, which is still in force. As alleged, the Supreme Court appears to have adapted the new Constitution to an old law.

E. Right to freedom of opinion and expression

215. Censorship is prohibited, and public expression, freedom of speech and information are clearly guaranteed by the Constitution. Nevertheless, the Government still exerts a considerable influence in the exercise of these freedoms, since the most widely distributed daily newspapers, as well as the Macedonian Radio and Television (MRTV), are financed by the State.

216. Members of the opposition parties claim that their announcements are either not published at all or are substantially reduced by the press, while those of parties close to the Government receive better coverage. They also allege that the media tend practically either to ignore their activities or to belittle them.

217. The recent appointment of the General Manager of MRTV, who at the time was still a prominent member of the leadership of the Liberal Party, allegedly promoted expressions of concern among the media and non-governmental organizations.

218. It has also been reported that the Ministry of the Interior recently banned three Serbian periodicals, arguing that the reason was to re-establish a balance among the foreign printed media in the former Yugoslav Republic of Macedonia. The Government pointed out that these measures were taken according to the laws currently in force in the former Yugoslav Republic of Macedonia. The importer has used his right of complaint and is now awaiting the decision of the second-instance commission.

219. On 26 May 1994, the State-sponsored newspaper in the Albanian language, Flaka e vellazerimit, became a daily.

F. Rights of national, ethnic, religious and
linguistic minorities

220. Notwithstanding the efforts made by the Government in adverse circumstances, the Special Rapporteur has continued to receive reports regarding cases of discrimination against members of different minorities. These reports refer mainly to access to education and to jobs within the public administration.

221. During the census held in June-July 1994, it was alleged that, in municipalities of mixed population, a Macedonian enumerator would always be present, even in villages completely populated by Albanians, while no Albanian enumerator was present in those villages populated exclusively by ethnic Macedonians. This problem was resolved by recruiting more enumerators from the Albanian community and instructing them to be present also in the villages of Macedonian majority belonging to municipalities of mixed ethnic composition.

222. The right of the entire population throughout the former Yugoslav Republic of Macedonia freely to profess the religion of their choice and in their own language is guaranteed by law. Most religious communities there currently enjoy the right to perform their rites freely. However, it has been reported that it is very difficult to obtain permission from the authorities to build centres of worship.

223. The Special Rapporteur has been informed that the Serbian population in the former Yugoslav Republic of Macedonia has difficulties in registering its religious community, despite complying with the relevant regulations. The Government has pointed out that the Ministry of the Interior refused a request by the ethnic Serbs of the former Yugoslav Republic of Macedonia for registration in the Register of Associations, arguing that there were no legal grounds for such registration. Following an appeal by the Serbian community, the second-instance commission invalidated the decision of the Ministry of the Interior and ruled that the procedure had to be undertaken anew.

224. Mr. Nenad Tasic, a citizen of the former Yugoslav Republic of Macedonia of Serbian origin and a priest of the Serbian Orthodox Church, was forbidden by a court on 14 January 1994 to discharge his pastoral duties on grounds of incitement to national hatred. The Government has pointed out that Mr. Tasic was charged with carrying out pastoral duties in houses in Kumanovo without the approval of the Ministry of the Interior and of the Macedonian Orthodox Church. It should be noted that, according to the Constitution, "the Macedonian Orthodox Church as well as the other religious communities and groups are separate from the State and equal before the law". Accordingly, the law on religious communities mentions the need for an authorization only from the Ministry of the Interior. Moreover, that same law exempts from the need for authorization from the Ministry of the Interior rites performed in the homes of believers who request them.

G. Right to an adequate standard of living

225. Enjoyment of the right to an adequate standard of living in the former Yugoslav Republic of Macedonia has continued to decline as a combined result of, inter alia, the side-effects of the United Nations sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro) and the unilateral embargo imposed by Greece at the beginning of 1994. Social stability is thus endangered by rising unemployment and a considerable increase in the cost of living.

226. The capacity of the Government of the former Yugoslav Republic of Macedonia to make the necessary investments to foster full enjoyment of all human rights, in particular economic rights, has also been affected negatively by the current international economic environment.

H. Role of non-governmental organizations

227. The Special Rapporteur believes that non-governmental organizations constitute a key element in the promotion and protection of human rights. The role of non-governmental organizations is all the more important in a country in transition like the former Yugoslav Republic of Macedonia, where certain basic laws, particularly those directly linked to the protection of human rights, have not yet been adopted.

228. However, non-governmental organizations in the former Yugoslav Republic of Macedonia have yet to overcome attitudes inherited from a system in which the people were not expected to criticize public authorities. Most non-governmental organizations attempting to be active in the field of human rights are still in the phase of gaining awareness of these rights and are thus basically engaged in promoting discussions among themselves.

229. Lack of knowledge, resources and organization are considerable set-backs to the effectiveness of non-governmental organizations. The current difficulties in overcoming various differences, including those resulting from different ethnic affiliations, constitute another serious set-back. These difficulties, to a considerable extent, prevent the non-governmental organization community from working in a more coordinated and hence effective manner. During the Special Rapporteur's visit in July 1994, the non-governmental organizations had one of their first joint working meetings.

I. The situation of refugees

230. According to UNHCR statistics, the number of refugees in the former Yugoslav Republic of Macedonia has decreased from more than 30,000 in the summer of 1992 to some 10,000. Most of these come from crisis areas in the former Yugoslavia, mainly from Bosnia and Herzegovina, and are currently being assisted by UNHCR. About 1,500 are accommodated in five collection centres, with the remainder living with host families. These people are still considered by the Government as internally displaced "humanitarian-assisted persons" and are not entitled to apply for asylum or refugee status according to Macedonian law. The Government has until recently continued to accept some refugees on a case-by-case basis, notwithstanding its August 1992 decision to stop the refugee flow.

231. The current attitude of the Government seems to have changed, as it is becoming more and more difficult for refugees to be allowed into the former Yugoslav Republic of Macedonia. UNHCR is currently dealing with three cases of male refugees whose families have already been in the former Yugoslav Republic of Macedonia for more than two years and who are being prevented from coming to the former Yugoslav Republic of Macedonia either to join their families or to pay them a short visit. About 57 per cent of the refugees now living there are women and children.

J. Conduct of the census and elections

232. A census was held between 21 June and 5 July 1994, the main purpose of which was to count the total population with legal residence in the former Yugoslav Republic of Macedonia, including individuals who had legal residence in the country but had been living abroad for a period of less than a year at the time of the census. It was undertaken following a recommendation of the International Conference on the Former Yugoslavia and was financed by the European Union and the Council of Europe. A group of experts was set up by the Council in order to supervise the entire process from the preparation of the relevant law up to the publication of the results. The phase of enumeration was monitored by a mission of 40 international observers.

233. In some areas of the western part of the former Yugoslav Republic of Macedonia, however, the census began with a certain delay and was thus completed only on 11 July. In the municipality of Debar, where a majority of ethnic Albanians live, the enumerating process has reportedly been only half completed so far. One reason for this delay appears to have been the fear of many members of the Albanian community of not being taken into account in the enumerating process owing to their citizenship status not yet having been regularized. Although the purpose was not to count citizens but legal residents, this problem was resolved by considering such cases under the heading "citizenship pending".

234. It should be noted that all six languages spoken in the country were used during the census, people having had the choice of using either the official language or the language of the nationality to which they belonged. In practice, the declaration of ethnic affiliation was not dependent on the language used in the enumerating process. Moreover, the declaration of ethnic and religious affiliation was not compulsory according to the law. The Group of Experts is reportedly under the impression that the conduct of the census was satisfactory and that the results will be reliable.

235. In accordance with article 63 of the Constitution, the first round of the presidential and parliamentary elections took place in the entire territory of the former Yugoslav Republic of Macedonia on 16 October 1994. The voting process was monitored by a considerable number of domestic and international observers, among whom were delegations from the Council of Europe, the Parliamentary Assembly of CSCE and the Office of Human Rights and Democratic Institutions of CSCE. Although it was reportedly carried out in a fairly peaceful atmosphere, a number of alleged irregularities were brought to the attention of the Special Rapporteur. Such irregularities appear to have been committed throughout the entire territory of the Republic and therefore not necessarily against any particular constituency.

236. It was pointed out that the electoral lists were somewhat incomplete, as they excluded a considerable number of people who had the right to vote, and that the official electoral invitations were distributed late or not at all. It was also reported that different criteria were applied in different polling stations regarding the documents that citizens could produce in order to vote in the case of their names not being on the electoral lists.

237. These problems will be further examined by the field staff of the Special Rapporteur and the findings will be presented to the competent government authorities.

K. Conclusions and recommendations

238. The human rights situation in the former Yugoslav Republic of Macedonia continues to be impaired by delay in the enactment and implementation, according to the Constitution and the Constitutional Act, of some of the basic laws upon which the juridical and institutional structure of the State is based. These laws are essential for an effective enforcement of the rule of law and thus for the adequate protection of human rights.

239. The Special Rapporteur therefore calls upon all political forces in the former Yugoslav Republic of Macedonia to concentrate on the implementation of the Constitution and the Constitutional Act and thus successfully complete the structural transition to a democratic system based on the supremacy of the rule of law and the protection of human rights.

240. Regarding the first round of the presidential and parliamentary elections held on 16 October 1994, the Special Rapporteur is under the impression that, although progress has been made in relation to previous elections, improvements can still be made by the competent State organs in the organization of the voting process.

241. The Special Rapporteur continues to be concerned by the reports received regarding a limited enjoyment of the right to a fair trial and the persistence of cases of excessive use of force by police. While recognizing that the use of force cannot be avoided in certain circumstances, the Special Rapporteur believes that the police should spare no efforts to restrain its use to the level strictly necessary for the performance of their duties.

242. The Special Rapporteur firmly believes that non-governmental organizations constitute an indispensable source of feedback in the efforts of the Government for the effective promotion and protection of human rights. However, the presence of local human rights non-governmental organizations is still rather weak in the former Yugoslav Republic of Macedonia. The Special Rapporteur welcomes the recent creation of a Human Rights Helsinki Committee in the former Yugoslav Republic of Macedonia and calls upon all non-governmental organizations to work as much as possible in a coordinated manner.

243. The Special Rapporteur continues to be concerned by the negative influence of the economic situation on the social stability of the country, as well as on progress in the implementation of human rights. The persistent economic deterioration may contribute to the destabilization of the current coexistence of different ethnic groups. The Special Rapporteur wishes to reiterate his belief that the former Yugoslav Republic of Macedonia should receive adequate compensation for losses connected with the implementation of the sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro), that the Greek embargo should be lifted immediately, and that equal and fair treatment should be given to the former Yugoslav Republic of Macedonia in regard to its applications to join international organizations. It is particularly important that the former Yugoslav Republic of Macedonia be promptly allowed to join all relevant security mechanisms, particularly the Conference on Security and Cooperation in Europe.

Appendix

LETTER DATED 26 AUGUST 1994 FROM THE SPECIAL RAPPORTEUR
TO THE CHAIRMAN OF THE COMMISSION ON HUMAN RIGHTS
[Circulated in Security Council document S/1994/1066 of 18 September 1994.]

The Special Rapporteur has taken note of the comments of the Government
of the Federal Republic of Yugoslavia on his sixth periodic report (E/CN.4/1994/110), distributed as document E/CN.4/Sub.2/1994/45 at the Subcommission on Prevention of Discrimination and Protection of Minorities, and wishes to take this opportunity of presenting his remarks on these comments to the members of the Commission on Human Rights. At the same time the Special Rapporteur would like to draw the attention of the members of the Commission to the serious difficulties he has faced in his efforts to implement his mandate, due to the uncooperative attitude of the Government of the Federal Republic of Yugoslavia. During the first half of this year, the Government has rejected all requests by the Special Rapporteur and the Centre for Human Rights to undertake missions to the Federal Republic of Yugoslavia in order to collect firsthand information and to investigate allegations of human rights abuses reported to have taken place in that country.

Thus, by letter of 10 June 1994, the Special Rapporteur requested permission for two staff members of the Centre for Human Rights to visit the region of Sandzak in order to investigate recent allegations of human rights abuses in that area. To date the Government has not responded to this request. On 18 July 1994 the Special Rapporteur requested the Government to authorize a mission of two human rights officers to travel to the Federal Republic of Yugoslavia in August 1994. In its letter of 27 July 1994 the Government explained its decision to reject this request by referring to the work of the Special Rapporteur as "one-sided, full of prejudice and above all politicized".

The Special Rapporteur would also like to draw attention to the fact that his proposal to open a permanent field office in the Federal Republic of Yugoslavia, similar to those currently operating in Zagreb, Sarajevo and Skopje, has met with a negative response from the Government. By letter of 11 March 1994 to the Government, the Director of the Centre for Human Rights proposed a meeting between representatives of the Centre and the Government to be held in Belgrade in order to discuss the possibilities of establishing such an office in Belgrade. By letter of 27 March 1994, the Government rejected this proposal by referring to General Assembly resolution 47/1 of 22 September 1992, suspending the participation of the Federal Republic of Yugoslavia in the General Assembly. The Government stated that, since it could not, as a matter of principle, accept cooperation with international organizations on an unequal footing, it was not in a position to reply positively to the Centre's request.

Furthermore, by letter of 6 June 1994, Professor Manfred Nowak, member of the Working Group on Enforced and Involuntary Disappearances, requested authorization to carry out a mission to the Federal Republic of Yugoslavia with a view to meeting government officials and non-governmental organizations representing families and relatives of missing persons. Notwithstanding the purely humanitarian nature of this mission, the Government decided to reject Mr. Nowak's request. In its response of 24 June 1994, the Government stated, inter alia, the following: "Allow me to inform you that bearing in mind the present circumstances, and, above all, the mandate of your Working Group, as well as Mr. Mazowiecki's activities so far, that have been highly politically oriented, one-sided, and not based on facts, the Government of the Federal Republic of Yugoslavia is not able to accept your visit to the Federal Republic of Yugoslavia."

Regrettably, by refusing permission to establish a field office in Belgrade and by rejecting the Special Rapporteur's requests to send missions on an ad hoc basis to the Federal Republic of Yugoslavia, the Government has blocked the Special Rapporteur's attempts to gather firsthand information concerning the situation of human rights in that country. Thereby, the Government has deliberately obstructed the Special Rapporteur in his efforts to fulfil his mandate as defined in Commission on Human Rights resolutions 1994/72 and 1994/76.

The Special Rapporteur has also taken note of the comments of the Government of the Federal Republic of Yugoslavia on his sixth periodic report (E/CN.4/1994/110). The attention the Government has given to the report should be considered as a positive step towards a dialogue between the Government and the Special Rapporteur. Such a dialogue combines well with the tasks of the Special Rapporteur as defined by the Commission on Human Rights in its resolution 1994/72 and with his endeavour to open new channels of communication with the parties concerned. The Special Rapporteur is also convinced that a free and unprejudiced discussion is one of the absolute prerequisites for a lasting improvement of the situation of human rights in the former Yugoslavia.

It is therefore with regret that the Special Rapporteur notes the highly polemic and aggressive way in which the Government has chosen to comment on his sixth periodic report. Right from the outset the Government characterizes the Special Rapporteur's work as "tendentious", "one-sided" and "biased". The Special Rapporteur categorically rejects these unsubstantiated accusations, which cannot be seen as compatible with a sound and constructive dialogue.

Most of the questions raised by the Government in its comments on the sixth periodic report of the Special Rapporteur relate to the methodology employed by the Special Rapporteur and his assisting staff when carrying out their task of reporting on the human rights situation in the Federal Republic of Yugoslavia. Accordingly, the Government does not hesitate to disqualify the sources providing the Special Rapporteur with information as biased. Furthermore, the Government appears to be of the opinion that the Special Rapporteur bases his reporting on unchecked information.

With regard to this criticism the Special Rapporteur would like to note the following. Due to the highly sensitive character of the information concerning alleged human rights abuses in the former Yugoslavia received by the Special Rapporteur, he has chosen to base his methods of work on the practice already established within the framework of other mandates dealing with country situations or thematic questions as established by the Commission on Human Rights. Accordingly, in cases where the Special Rapporteur has had reason to fear that the naming of persons or locations related to alleged human rights violations might jeopardize the life and security of the persons concerned, he has deliberately chosen to protect their anonymity. However, in cases where the Special Rapporteur has deemed it appropriate and useful to give a more detailed account of the circumstances surrounding a particular human rights violation, he has not hesitated to do so.

For similar reasons the Special Rapporteur has also chosen not to make public the sources from which he receives information and allegations concerning human rights violations. The information on which the Special Rapporteur bases his reports originates from a wide range of sources, including private individuals, local and international non-governmental organizations and international governmental organizations. The information provided by these sources is double-checked as a matter of routine and compared to other independent reports in order to find corroborating evidence of alleged human rights violations.

The Special Rapporteur categorically rejects the Government's assertion that he has not paid due attention to the situation of Serbs in other parts of the former Yugoslavia. The Special Rapporteur wishes to emphasize that he, as a matter of principle, devotes equal attention to all individuals, regardless of their ethnic background, whose human rights have been or are being violated within the territories covered by his mandate. Thus, the Special Rapporteur has in all of his reports described violations committed by and against all parties to the conflict in the former Yugoslavia.

In its comments the Government criticizes the Special Rapporteur for not using the official versions of place-names in his reports concerning the Federal Republic of Yugoslavia. In this regard the Special Rapporteur wishes to point out that the names of locations and regions which appear in his reports conform to the practice established and followed by the major international governmental organizations operating in the former Yugoslavia. With regard to the areas commonly known as Kosovo and Sandzak, it should further be noted that these names appear in the form used by the Commission on Human Rights in its resolutions 1994/72 and 1994/76 defining the mandate of the Special Rapporteur.

In its comment on paragraphs 122-123, concerning security of the person, the Government once more accuses the Special Rapporteur of basing his reports on unsubstantiated allegations. In this regard the Special Rapporteur would like to point out that he is in possession of reliable and detailed information concerning numerous cases of torture and severe ill-treatment reported to have occurred particularly, but not exclusively, in the regions of Kosovo and Sandzak. For reasons stated above, the Special Rapporteur has chosen not to disclose the sources of this information. It should also be noted that on the question of torture the Special Rapporteur, in his letter of 21 July 1994, provided the Government with a detailed list of numerous cases of torture and ill-treatment reported to have occurred in the Federal Republic of Yugoslavia. With regard to the Government's allegation that Mr. Zeljko Dzakula was arrested in the so-called "Republic of Serbian Krajina", the Special Rapporteur notes that this statement is in total contradiction with verified eye-witness accounts, according to which Mr. Dzakula was arrested in Belgrade.

With reference to the Government's arguments concerning public incitement to discrimination and hatred against minority groups, the Special Rapporteur wishes to quote article 20 of the International Covenant on Civil and Political Rights, according to which: "1. Any propaganda for war shall be prohibited by law. 2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law". Moreover, the Human Rights Committee, in its General Comment on article 20, adopted on 29 July 1983 at its nineteenth session, stated that "In view of the nature of article 20, States parties are obliged to adopt the necessary legislative measures prohibiting the actions referred to therein", and that "... paragraph 2 is directed against any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, whether such propaganda or advocacy has aims which are internal or external to the State concerned". From this it becomes clear that it is the unambiguous responsibility of the authorities of the Federal Republic of Yugoslavia to prevent and prohibit any such acts as referred to in article 20 above. In this regard the Special Rapporteur welcomes the fact that the programme "Iskre i varnice nedelje" is no longer broadcast.

With regard to questions concerning freedom of expression and the situation of the media in the Federal Republic of Yugoslavia, the Special Rapporteur notes that these issues will be addressed in a separate forthcoming report. However, it is evident that some of the Government's comments cannot be left unanswered in this context. The Special Rapporteur welcomes the Government's explanation concerning the proposed law on the liberalization of Radio-TV Serbia. He also regrets that, due to an editing error, the meaning of paragraph 126 has been distorted. Thus, the sentence in question should read as follows: "It does not appear either that the Government has the intention of adopting the draft law on the liberalization of Radio-TV Serbia, which was put before the Serbian legislature before it was dismissed by the President". Furthermore, the Special Rapporteur sees the initiative to amend the existing legislation as an encouraging step towards a greater independence of the public media.

The Government's assertion that "... the truth of the matter is that the military authorities of the Republic Srpska [the de facto authorities of the Serbian-controlled areas in Bosnia and Herzegovina] held only military detention camps to which representatives of international humanitarian organizations had free access" is a gross distortion of the truth. Ample evidence of the atrocities committed against civilian men, women, children and elderly in camps held by the Bosnian Serbs has been gathered, inter alia, by the Commission of Experts established pursuant to Security Council resolution 780 (1992) of 6 October 1992 and presented in its final report (S/1994/674).

Concerning conscientious objection to military service in the Federal Republic of Yugoslavia, the Special Rapporteur remains convinced that this should be seen as a legitimate exercise of each individual's right to refuse service in those units of the military forces which have been responsible for serious violations of human rights in Croatia and Bosnia and Herzegovina. Therefore, given the nature of the conflict in the former Yugoslavia and the fact that Yugoslav forces were involved in hostilities outside its borders during the period 1991 to 1992, the Special Rapporteur is of the opinion that persons who have refused to serve in the armed forces have a just cause and should therefore not be regarded as deserters, but be treated as conscientious objectors.

The Government also characterizes as unsubstantiated the Special Rapporteur's conclusion that the situation of ethnic, religious and linguistic minorities in the Federal Republic of Yugoslavia continues to deteriorate. In this regard the Special Rapporteur wishes to point out that these findings were based on information and corroborating reports received from reliable sources, describing numerous cases of harassment and discrimination of members of minorities. The fact that the majority of the persons who have found themselves obliged to leave the Federal Republic of Yugoslavia as refugees are non-Serbs lends even more credence to these reports.

Regarding the situation in Kosovo, the Government asserts that there have been no complaints by ethnic Albanians about harassment or unlawful criminal proceedings. In this context the Special Rapporteur wishes to draw attention to direct information from various sources, according to which many ethnic Albanians chose not to file complaints against, for example, members of the police force, because of their distrust of the authorities. Irrespective of the reasons behind such behaviour, the Special Rapporteur notes that this reluctance to contact the authorities may contribute to the low number of filed complaints. With regard to the situation of persons detained in Kosovo, the Special Rapporteur has already taken note of the letter of 21 July 1994 sent by the Special Rapporteur on the question of torture to the Government of the Federal Republic of Yugoslavia, listing a large number of recently received allegations concerning cases of torture and severe ill-treatment reported to have occurred in that country. With regard to the Government's assertion that the President of the Pristina Regional Court never had the meeting mentioned in paragraph 140 of the report, the Special Rapporteur merely notes that this statement is in contradiction with information received from a reliable non-governmental source.

Concerning the situation of the 25 Muslims imprisoned in Novi Pazar and accused of causing a threat to the territorial integrity of the Federal Republic of Yugoslavia, referred to in the Government's comments, the Special Rapporteur notes that these persons have reportedly been detained since 23 May 1993 and that court proceedings against the accused began on 31 January 1994, that is, approximately eight months after their arrest. The Special Rapporteur has also received alarming reports according to which these persons were subjected to severe ill-treatment, and that their trial was postponed for the fifth time on 29 July 1994. According to reports, 16 of the detained have recently ended a hunger strike, which began on 1 August 1994 as a protest against the delays in the court proceedings.

With regard to the situation of the persons referred to above and of others detained for similar reasons, the Special Rapporteur wishes to emphasize that, as much as it is the right of a State to investigate charges brought against its citizens, it is also its duty to respect their integrity and their fundamental human rights, including the right to a fair trial without undue delay and the right not to be subjected to torture, or cruel, inhuman or degrading treatment in detention.

Concerning the situation in Vojvodina, the Special Rapporteur would like to emphasize that, regardless of the cause of the violence in the province, it is always the responsibility of the authorities to prevent, investigate and punish such criminal acts. In this regard the Special Rapporteur welcomes the cooperation established between the Hungarian authorities and the authorities of the Federal Republic of Yugoslavia.

The comments provided by the Bosnian Serb de facto authorities will be addressed in a later report. However, the Special Rapporteur would like to stress that the collection of reliable information concerning the human rights situation in these regions has become increasingly problematic due to the difficulties in gaining access to the Serb-controlled areas in Bosnia and Herzegovina. Lately, representatives of both international governmental organizations and non-governmental organizations have repeatedly been denied entry to the areas concerned.

Finally, it is the Special Rapporteur's hope that these remarks have brought some clarity to the questions raised by the Government in its comments on the Special Rapporteur's sixth periodic report. The Special Rapporteur firmly believes that only a constructive dialogue will ultimately contribute to the improvement of the human rights situation in the former Yugoslavia.