Yougoslavia, Federal Rep.of
27.07.00
Urgent Interventions

Yougoslavia: Imprisonnment - Liberty of Expression

URGENT APPEAL - THE OBSERVATORY

YUG 004 / 0007 / OBS 069.01
Imprisonment - Liberty of Expression
Federal Republic of Yugoslavia
27 July 2000

The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests you to intervene with the authorities of the Federal Republic of Yugoslavia (Serbia), with utmost urgency in connection with the following situation.

New Information :

The jounalist, Mr. Miroslav Filipovic was sentenced to 7 years in prison by the military Tribunal of Nis on 26 July 2000 for « espionage » and « disseminating false information. » This sentence was issued after a trial which lasted for two days partly behind closed doors. In fact, the assistant military attorney general asked the evidence, classified as « secret defence papers, » be presented behind closed doors. Also, on several occasions, the media, family members and public had to leave the audience of the courtroom. This sentence followed immediately from the accusation of Miroslav Filipovic on 13 June 2000 on the basis of articles reporting about the testimony of officers on crimes committed by the Yugoslav army in Kosovo during the NATO bombings. Mr. Filipovic’s lawyers will appeal the decision of the Tribunal.

The Observatory recalls that this sentence, the most severe ever given by the authorities of Yugoslavia according to Reporters Sans Frontières, was passed down in an atmosphere where the repression of Serbian independant media has worsened since the beginning of the year, as it has for all persons and organisations that speak out or defend positions which criticise and/or differ from the government.

The Observatory considers the arrest and detention of Mr. Filipovic as arbitrary in that it simply aims to sanction the liberty of expression and opinion, and in flagrant breach of the international instruments applicable in this matter, in particular the Declaration on Human Rights Defenders that states in article 6.b that "everyone has the right to publish, communicate with others or to freely disperse ideas, information and knowledge on all human rights and fundamental liberties".

The Observatory asks that Mr. Filipovic be released immediately and that all the charges against him be dropped.

Brief description :

The Observatory was called on by Reporters Sans Frontières regarding the situation of Miroslav Filipovic, a correspondant in Kraljevo (in the center of Serbia), for the daily independent Danas as well as the Agence France-Presse (AFP), and a regular collaborator with the Helsinki Commitee for Human Rights.

According to the information, Mr. Filipovic was arrested on 8 May 2000 by Serbian Security Services. From his home, they took his passport, and the hard disk of his computer as well as a number of documents.

Mr. Filipovic was placed in custody on 10 May 2000 by a Kraljevo judge who deemed himself unqualified and transferred his file to the military tribunal of Nis. He was released two days later by the military prosecutor who decided not to take action against him. However, on 22 May 2000, the same prosecutor announced the opening of an inquiry and search for evidence, placing Mr. Filipovic in custody for 30 days at the military prison of Nis.

Finally, on 13 June 2000, Mr. Filipovic was accused of "espionage in connection with disseminating false information", which constitutes one of the most serious offences in the Yugoslavian Penal Code, the punishment for which can be up to 15 years imprisonment. Moreover, the counsel of the military tribunal decided to prolong his detention in order to prevent him from influencing witnesses and from leaving the country.

According to the information received from RSF and from the Institute for War and Peace Reporting (IWPR), the accusation of Mr. Filipovic is a result of the publication of articles concerning the Yugoslavian Army on IWPR's web site between October 1999 and May 2000. The articles reported, notably by, Serbian officers testimonies of crimes carried out by the Yugoslavian Army in Kosovo during the North Atlantic Treaty Organisation’s (NATO) air raid campaign.

Actions requested :

Please write to the authorities of the Federal Republic of
Yugoslavia urging them to :

i. ensure the immediate release of Miroslav Filipovic, who was arrested and arbitrarily detained;

ii. abide by the provisions of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on December 9th 1999 ("Declaration on the Rights and Responsibility of individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms ") and more particularly article 1 which provides that "Everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels", as well as article 6.b, cited previously;
iii. more generally abide by the provisions of the Universal Declaration of Human Rights and the regional and international covenants ratified by the Federal Republic of Yugoslavia.

Addresses :

President of the Republic of Yugoslavia, Slobodan Milosevic. Fax : 381 11 63 67 75.

Minister of Domestic affairs, Fax : 381 11 361 83 66.

Embassies of the federal Republic of Yugoslavia in your respective countries

Geneva-Paris, 27 July 2000

Kindly inform us of any action undertaken quoting the code number of this appeal in your reply. The Observatory, a joint FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

To contact the Observatory, call the Emergency line : Fax : 33 (0) 1 55 80 83 92

Tel FIDH 33 (0) 1 43 55 20 11 OMCT + 41 22 809 49 39