Pictures of 33 year old Muzafer Saiti, victim of police brutality.
Muzafer's life is still in danger due to kidney
disfunction, serius wound on his head, spine, genitals, broken arms.
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Helsinki Committee Report
MERSELI BROTHERS BRUTALIZED BY MASKED POLICEMAN
February 13, 2001
Following the visit to the imprisoned Rexhep and Jusuf Merseli, held in Tetova prison, the Helsinki Committee for Human Rights concluded the violation of many International Human Rights Guarantees, ratified by the Republic of Macedonia as well as law dispositions of the Republic of Macedonia. These violations occurred during the investigation procedure. The visit of HC Reporters followed after the testimony of the father of Merseli brothers, Mr. Fadil Merseli, that his sons were physically maltreated.
Police suspects that Merseli brothers, both from v. Shemshova, are involved in the terrorist attack against the police station in Tearce. They were first arrested for “illegal possession of fiery weapons”, and later on they got additionally charged for “terrorism”. Both of them got arrested on January 22 and had been kept in Tetova police station until the afternoon of January 23, when they got handed over to the Investigative Judge in Tetova Local Court.
The basic human rights of Merseli brothers were violated right from the beginning, as they were not told on the reasons for their arrest nor they were introduced with charges pressed against them. No court order for raid or arrest was presented to them. In addition, they were not even informed about their right to remain silent and their right to an attorney. Finally, their family or any other person was informed about their arrest.
While kept in Tetova police station, Merseli brothers were interrogated. During the questioning, police used excessive physical force and threats.
Marks (traces) of serious physical violence, wounds are visible on their bodies, as a result of severe beating on their backs, spine, kidney side’s, stomach, legs, fingers and genitals. The President of Tetova Court and other competent persons from the Tetova Prison have also concluded the existence of these wounds and asked for medical control.
Due to such severe beating, the two imprisoned complain on having health problems, difficulties, such as urinating blood, vertigo etc. Both of them are still under a string psychological stress and fear further maltreatments.
While held in Tetova Prison, they were deprived of food and water and medical control, although they specifically asked for it. They feared to ask for a defense attorney.
Both of them were physically forced and threatened to sign statements, after they had been dictated. They got intensively questioned and beaten by masked policeman from the evening of January 22 (23.00hrs) until January 23 (morning hours). Merseli brothers met with their lawyer for the first time when they were brought to the Investigative judge. However, they were not given any chance to consult their attorney.
Helsinki Committee concluded the violation of articles 3,5 and 6 of
the European convention on Human Rights, Articles 7,9 and 14 of the Human
and Political Rights Pact of the United Nations, article 11, 12 of the
Constitution of RM. In addition, HR concluded that the penal act of ‘torture’
was carried out against Merseli brothers while questioned in Tetova Police
Station, which violates Article 142 of Macedonia Penal code.
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OMBUDSMAN: MACEDONIAN POLICE BRUTALITY RESERVED ONLY FOR ALBANIANS
By Vjolca Taipi
More than being efficient in their work, the behavior of the Macedonian police in cases such in Haracina and Tearce resembles of a phenomenon known as hate against Albanians and xenophobia, which finally results with police brutality. One must emphasize that such violence was a ‘surprise gift’ reserved only for the Albanian families, although these two vicinities are populated by an ethnically mixed population. Families of other nationalities had only looked as ‘voyeurs’ while they neighbors got beaten savagely. Due to this, the local population in these two villages has strong reserves against the police from now on.
Ombudsman of Macedonia reacted against such police brutality and human rights violations by deploying a team of reporters to villages Shemshova, Tearce and Shipkovica. First to visit was the Medical center in Tetova, the medical staff of which confirmed that five persons had requested medical care because of body injuries caused by police brutality. Three of them were brought in by the police as they were under investigation.
Ombudsman spoke to Nevzat Osmani (71) from Shipkovica, one of the victims of police savagery. He was stopped by the police while going to local mosque for morning prayer. He got pushed to the ground and handcuffed. Police began kicking him in the head, due to which he looses consciousness. Yet, this didn’t stop the police to pull him for 200meters to the mosque where he was released.
Search actions were carried out by the policeman from ‘Popova Shapka’ police station together with special masked police forces.
Ombudsman concluded that the police have violated own competences, as specified by Article 7 of the law on Interior Affairs. The violation can be concluded by the house searches carried out without having any authorization.
The way in which the police action was carried out indicates that police has no criteria in raiding houses.
Deputy Ombudsman Suzana Saliu confirmed to ‘Fakti’ that “few days after
the attack in Tearce and the following police actions, the Ombudsman visited
the crime scene and verify what has been happening to the local population
there.”
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OMBUDSMAN: PRISONERS NOT ALLOWED TO COMMUNICATE ON ALBANIAN
By Zejnulla Veseli
One of the issues that provoked consternation of the Albanians is the banned use of Albanian language during private visits to prisoners by their family members. Ombudsman Branko Naumovski says he is informed on the case.
“It is true that this problem exists and we had many complaints from prisoner’s parents. We attempted in several occasion to learn more on this issue and find out why a conversation could not be led on the language that the prisoner and visitor use in everyday life,” says Ombudsman Naumovski.
“The problem lies in the fact that when the visit is announced, the visitor must stress in the request that the conversation would be on their mother tongue, in the presence of an official that knows the same language. The Prison is obliged to fin such person that will follow the conversation and interrupt the interlocutors whenever they discuss something related to the ongoing investigation.”
“This is an established practice and there is no place in the world that prohibits the prisoner and his visitor to communicate on own native language. Therefore I hope that this problem should be resolved soon through a n adequate legal disposition. The best solution would be if the Prison would provide a person that knows the respective language. Besides, the Prison has always provided such persons for foreign citizens held in our prisons. It would be easy to find some interpreter that knows the Albanian language.”
“As an Ombudsman, I have informed the Minister of Justice on all these
injustices in our prisons. Although I had handed over this information
and request to the Ministry more than two months ago, so far we had not
received any reply. And the Minister himself is the only competent to decide
upon this.”
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POLICE GAVE TWO INJECTIONS TO VAHIT VELIU
By Xhelal Neziri
Tetova village Poroj was the target of last police intervention, carried out last Sunday. Police surrounded the house of Muharem Veliu, but this time only to arrest Vahit Veliu. He was arrested at 14.00hrs and kept in police station until 22.00hrs, where he got forced to kneel on his knees during police interrogation. With his eyes closed an handcuffed, police brutally beat him unconscious, threatening that they will kill him and throw the body in river unless he tells where has been hiding the arms. Veliu declared that police gave him two injections with unknown substance, after which he was thrown out on the street.
People in Poroj say it is not possible that Vahid could be involved in the Tearce attack, as he is both handicapped and mentally disabled.
President of Poroj Local Community Rexhep Selmani says he asked the police not to maltreat Vahit. “They agreed with my request and said that they actually don’t need Vahit, but his car ‘Yugo’. It is not possible that his car was used in the attack. It’s so slow; it won’t go over 40Km per hour. I don’t understand why police keeps looking for perpetuators only among Albanians. We voted for President Trajkovski. And we gave our votes to him not to maltreat and kill us,” says Selmani.
Doctor Ibrahim Asllani was the one to offer first aid to Veliu after
the police interrogation. “Veliu told me he was questioned in police and
that he was beaten there. He also told me about the two injections that
they gave him, threatening that he will day after the second one. I don’t
know what kind of injections they had given him, but I sure know that the
police beat him. Signs were visible.”
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