MILS: News from the FYROM, 96-11-05

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From: "Macedonian Information Liaison Service" <[email protected]>

CONTENTS

[01] MINISTER FRCHKOVSKI: NO LEGAL IMPEDIMENTS TO RECOGNITION OF CONSTITUTIONAL NAME

[02] REGIONAL COOPERATION CONDITIONED BY RESOLVING OF NAME-ISSUE

[03] GREEK-MACEDONIAN COOPERATION IN CONSTRUCTION BUSINESS

[04] ENACTMENT OF THE 'MOST PRIVILEGED TRADE PARTNER' CLAUSE WITH RESPECT TO TURKEY

[05] LITTLE INTEREST IN SUPPORTING VENTURES OF 'GASTARBEITER' RETURNING FROM GERMANY

[06] CODIFICATION OF LEGAL PROCEDURE LAW

[07] 'ON LOCAL ELECTIONS ...'

[08] 'ZBOR': 'CLOSE TO GOVERNMENT LIGHT-YEARS AWAY FROM THE PEOPLE'

MILS SUPPLEMENT

[09] 'Doubting Independence of Judges - Semi-annual Report of the Helsinki Committee on Human Rights in Macedonia' ('Makedonsko Delo', 30 October, 1996)

MILS NEWS

[01] MINISTER FRCHKOVSKI: NO LEGAL IMPEDIMENTS TO RECOGNITION OF CONSTITUTIONAL NAME

Regardless of the problems the country is experiencing with some of its neighbours, or of the difficult roundabout route Macedonia is taking on an international level, there are no legal impediments to the recognition of Macedonia's constitutional name. It is a key prerequisite of ours to achieve the latter ... talk, however, is cheap, what signifies now is a gradual approach ensuring the realization of this objective.'

[02] REGIONAL COOPERATION CONDITIONED BY RESOLVING OF NAME-ISSUE

[03] GREEK-MACEDONIAN COOPERATION IN CONSTRUCTION BUSINESS

Minister Shundovski also emphasised that Macedonia provides all legal prerequisites for direct foreign investments in the future, for the execution of joint ventures based on concessions (grants) - i.e. on the BOT- system, for joint investments and projects between foreign and domestic investors, etc.

[04] ENACTMENT OF THE 'MOST PRIVILEGED TRADE PARTNER' CLAUSE WITH RESPECT TO TURKEY

The chairperson of this event, 'OHIS' General-Manager Jorgo Kjuka stressed the need for both sides to implement the 'privileged trade partner' clause ASAP, since it represents part of the Agreement on Trade and Economic Cooperation signed by both states. Businessmen have also demanded tax and duty benefits, the regulation of inter-institutional cooperation between banking houses, joint standardization and the exchange of know-how and technology, the joint appearance on third markets and the integration of Turkish companies in privatization procedures in Macedonia.

Another top-priority issue was the establishing of a joint Turkish-Macedonian bank - by the Turkish 'Ziler Bank' and 'Komercijalna Banka'. Another step regarding the development of mutual collaboration is to be the establishing of the East-West corridor.

[05] LITTLE INTEREST IN SUPPORTING VENTURES OF 'GASTARBEITER' RETURNING FROM GERMANY

[06] CODIFICATION OF LEGAL PROCEDURE LAW

The government has also outlined the draft on the Law of Torts which represents part of commenced reforms of penal legislation, which also covers: criminal law, the penalty section of the latter and the law on legal procedures. This will complement criminal legislation and minimize the dualism of defining and sanctioning torts as a subcategory of felonies.

[07] 'ON LOCAL ELECTIONS ...'

According to Kutrevska she had not left the village for the past 15 years, and she had also regularly cast her vote - and had thus been regularly registered. This would not be the case during upcoming elections - due to the irresponsibility of the administration services in charge.

The population of the villages Ivanjevci, Trnevci, Sveto Todori, Podino, Novoselani, Loznani, Vassrejca and Drevenik in the Bitola region would boycott elections altogether, as they feel cheated by the new territorial division. The approximately 4 000 people of these villages - of which 2 000 have the right to vote - have agreed that Ivanjevci is to be the centre of local government, and not the Mogila municipality as it has been prescribed now.

According to 'Nova Makedonija' the population has heard too many promises made by many MPs and Ministry officials regarding their request - but nothing had been undertaken so far. Unless this changed by 16th November, and history and tradition were honoured again, inhabitants announced their intention to boycott elections.

The above named paper also reports that at Lukovo (Struga area) a mayor-candidate had promised each 'old' bachelor of the village 1 000 DM if he won elections, so that the lads could get settled.

[08] 'ZBOR': 'CLOSE TO GOVERNMENT LIGHT-YEARS AWAY FROM THE PEOPLE'

This analysis also reveals that media subsidized by the state publish three articles 'to the defense and promotion of state authorities' on every critical article they publicize.

Around 70% of released data and comments were in favour of government activities, 20% are neutral and only 10% aired a certain amount of skepticism and lack of trust concerning the creed that everything the government does - it does for its people.

Based on data of this study approximately 65% of the headlines attribute every accomplished achievement to the government, the parliament or any other state authority - whereas negative results and failures are ascribed to unknown individuals or the collective shortcomings of the public. In case of government achievements, around 80% of the reports fail to list the initially promised objectives, which makes it impossible for the public to assess how trustworthy the current and the future policy is.

The ones to blame for all inappropriately executed and insufficiently considered actions within the country are the opposition elements - and not the incumbent decision- makers. The former - according to the LP study - are thus promoted into carrying the entire political responsibility on their shoulders. The above mentioned ratio on positive vs. negative articles also applies to A-1 as an independent TV station, based on this analysis.

MILS SUPPLEMENT

[09] 'Doubting Independence of Judges - Semi-annual Report of the Helsinki Committee on Human Rights in Macedonia'

('Makedonsko Delo', 30 October, 1996)

The principal issue of this period is the completion of setting-up the judicial system, both in terms of passing the necessary acts of law and the nomination of judges. The infringing upon human rights continues as common practice, either as a result of individual irresponsibility or the lack of cultivatedness. In this respect old problems ( e.g. minority rights) have been joined by new ones, most of them totally 'politicized' ... new entries include the political and any other abuse of children, which are garnished by 'the good ol' ones' such as the rights of children exiled during the Greek Civil War. For objective reasons this report dwells on only a few of the burning issues ...

Breeches of human rights committed by the police continued to be registered throughout the first half of 1996. The following have been registered by the Helsinki Human Rights Watch in Macedonia:

On 18th February 1996 two police inspectors of the 5th police station took four boys (2 of them minors) down to the station without any warrant whatsoever. There one of them was tied to the radiator, the second to the safe, the third to a chair and the fourth to a table. All of them were physically and verbally abused until the morning hours, in order to extract a confession on theft they had not committed. The victims have medical records on the heavy injuries they obtained as a result of this treatment. Charges have been pressed and the case has been submitted to the Public Prosecutor.

On 25th February 1996 two employees of the police special operations group assaulted two minors for no obvious reason on Popova Shapka. The two juveniles obtained minor injuries, which are registered by health services experts. When the father - who witnessed this incident - attempted to defend the children he too was attacked and (according to medical records) severely injured. This parent pressed charges against the two - for the time being - unidentified offenders.

On 16th May 1996 during a razzia of the flat owned by Ilija Sazdov (Partizanski Odredi 5), part of an investigation into a robbery committed in an exchange office, the police hand-cuffed 4 boys (1 of them minor) and took them to the Karposh police station. Several hours later - after investigation and identification had been brought to a close - the boys were released, with the apology that a mistake had been made.

On 9th August 1996 Rahiba Mehmed - street peddler and the mother of 6 - lost her life while attempting to escape apprehension by the police. The latter attributes this to a heart attack, while relations claim that Rahiba had never suffered of a coronary disease but had been beaten to death by a policeman. The TV news broadcast 'Dnevnik' has aired testimonies by eye-witnesses who had seen the policeman beating the deceased - as well as that blood had started gushing out of her ears. In the aftermath to this incident authorities publicized the forensic report ascribing the cause of death to a heart failure. Public access, however, to this report or any evidence has been denied. There are indications that a deal has been made with remaining relatives, in order to avoid public trial, and that the case has been closed. The Helsinki Human Rights Watch issued a statement in connection with this incident - requesting a complete investigation of the case, and the notifying of the public of its outcome.

On 28th August 1996 a fight kicked off between two football players during the match 'Rechica vs. Ilinden' ... police officer Todor Pandurov was about to enter the playing ground and intervene when Islami Dzhemalidin pointed out that he had no right to do so. This, quite unfoundedly, offended the police man who began insulting the civilian and started swearing at him. As the latter turned around to leave the police man took his truncheon and hit the back of the man's head, upon which the latter fell down unconscious and remained thus until he had received medical treatment at the hospital. According to medical diagnosis Mr. Dzhemaldini had received a minor injury, caused by the blow on his head. He has already pressed charges at the prosecutor's office in Tetovo.

The Helsinki Committee has the impression that the actual figure of such incidents is even higher, but that those affected fail to report them - either because of fear or a lack of civic rights education. Thus the Helsinki Human Rights Watch has made a public appeal via printed media to report such cases, particularly if they happen to involve police brutality, faulty trial procedures or the abuse oh children - in order to facilitate subsequent investigations and the informing of the public. It should also be considered that most of these incidents are a result of individual irresponsibility, or a lack of professional ethics. It is also a fact that authorities are not likely to hold their employees responsible. On the contrary: the offenders will most likely never have to answer for their deeds. It very rarely happens that the police even apologizes for such irresponsible action.

In spite of the fact that the state has declared to support judicial independence, reality implies that this issue is treated according to the proverbial 'horses for courses'. The recent appointment of judges left enough room to doubt the independence of those nominated and those eventually appointed, since it was obvious that both categories only consisted of such who enjoyed the support of the governing party. Such suspicion is particularly obvious with respect to the appointment of the Presiding Judge over the Principal Court of Appeals - who is known to be an active policy-maker and supporter of the ruling party for years. This has been evaluated a measure unworthy of any legal state. It is not sufficient for a judge to be formally 'labelled' as independent, but (s)he should strengthen the trust of the public into the judicial system and its procedures ...

(to be continued)

mils news 05 November, 1996

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