From: Human Rights Coordinator <hrcoord@igc.org>
Newsgroups: soc.rights.human
Date: 26 Jul 92 15:50 PDT
Subject: AI: Yugoslavia Death Penalty
Nf-ID: #N:cdp:1476700272:000:6206
Nf-From: cdp.UUCP!hrcoord    Jul 26 15:50:00 1992


From: Human Rights Coordinator <hrcoord>
Subject: AI: Yugoslavia Death Penalty

/* Written  3:34 pm  Jul 26, 1992 by hrcoord in cdp:ai.uan */
/* ---------- "UA 237/92 Yugoslavia: Death Penalt" ---------- */
UA 237/92         Death Penalty         22 July 1992
YUGOSLAVIA:       Zdenko STEFANCIC

Zdenko Stefancic, aged 28, was sentenced to death in a
military court in Belgrade on 14 July 1992. Earlier this
year he had been charged with "war crimes against the
civilian population" under Article 142 of the Criminal
Code of the Socialist Federal Republic of Yugoslavia (SFRY)
[The new Yugoslav state, comprising the republics of Serbia
and Montenegro, which was announced on 27 April 1992 with
the promulgation of a new constitution, is called the
Federal Republic of Yugoslavia (FRY).] Zdenko Stefanic was
also charged with "armed rebellion" against the SFRY
according to Article 124 of the same criminal code in
conjunction with Article 139 which allows for the
possibility of the death penalty "in time of war or
in case of an immediate threat of war". A state of
"immediate threat of war" was declared by the SFRY
presidency on 5 October 1991.

Three others, Marko Filkovic, Mira Dunatov (female) and
Damir Saradjen, were found guilty on similar charges at the
same trial on 14 July, and were sentenced to terms of
imprisonment. Zdenko Stefancic and the three other people
are Croats from the area around Vukovar in Croatia; they
were officers in the military police of the Croatian
National Guard. The indictments brought against them alleged
that they took part in the arrest, ill-treatment and torture
and killing of Serbs while the town of Vukovar was besieged
by the Yugoslav National Army (JNA) in the autumn of 1991.

BACKGROUND INFORMATION
The Croatian town of Vukovar and its suburbs were under
siege by the Yugoslav National Army from September to
November 1991. After the fall of the town around 20 November
1991 a large number of civilians and soldiers were captured
and taken to camps and prisons in Serbia. These included
about 750 staff and patients of the town hospital, many of
whom have yet to be released. Amnesty International has
received reports of torture and ill-treatment from a number
of those released Martin Sabljic, Zoran Sipos and Nikola
Cibaric were sentenced to death on 26 June 1992 in a similar
trial. Amnesty International has concerns about the fairness
of that trial arising primarily from allegations that
torture and ill-treatment was used to obtain confessions
from the accused. The organization is investigating the
possibility that similar concerns may apply to the trial
of Zdenko Stefancic and three others.

Some of the prisoners of war have been released in exchanges
between the Croatian and Serbian sides. However, a number of
those still held (178 have been reported so far) have been
charged with crimes similar to those above. Some of these
trials have already taken place, others are currently in
process or due to commence in the near future. While Amnesty
International does not believe that the execution of Zdenko
Stefancic is imminent (an appeal is being made to the
Supreme Military Court), it is concerned that further death
sentences may be passed at other similar trials.

The death penalty apparently remains in effect for a number
of offences in the criminal code of the federation as well
as in the criminal codes of its constituent republics of
Serbia and Montenegro. Execution is by firing squad. A
clause in the constitution of the Federal Republic of
Yugoslavia, promulgated on 27 April 1992, apparently
abolished the death penalty in federal law. Legal opinion in
Yugoslavia is divided as to its significance, but the death
sentences passed on 26 June 1992 and 14 July 1992 indicate
that it has not been abolished.

The last judicial execution known to Amnesty International
took place in August 1989. At least four death sentences
have been passed since then (the last in 1990), but it is
not known whether they were carried out.

The former Yugoslav republics of Croatia and Slovenia (as
well as Macedonia which has not yet been internationally
recognized) have abolished the death penalty in their
constitutions.

RECOMMENDED ACTION:  Postal services from many countries to
Yugoslavia are disrupted. Please send telegrams, faxes, or
telexes if possible or otherwise check with your country's
post office before sending letters.
- expressing concern that Zdenko Stefancic was sentenced to
death in a military court in Belgrade on 14 July 1992;
- expressing concern at allegations that confessions made
under duress have been used as evidence in another similar
trial on 26 June 1992 which resulted in death sentences and
urging that any such allegations be investigated thoroughly
and impartially;
- expressing concern that other trials on similar charges
are scheduled and that further death sentences may be
passed;
- regretting the resumption of the imposition of death
sentences in Yugoslavia after a break of two years;
- stating that Amnesty International opposes the death
penalty in all cases without reservation, on the grounds
that it is the ultimate cruel, inhuman and degrading
punishment.

APPEALS TO
1. President of the Federal Republic of Yugoslavia:

Dobrica Cosic
Predsednik SRJ
Bulevar Lenjina 2
11070 Beograd, Yugoslavia
Telegrams:  Predsednik SRJ, Belgrade, Yugoslavia
Telexes: 862 11062 siv yu
Faxes: 011 38 11 636 775
Salutation: Dear President

2. Prime Minister of the Federal Republic of Yugoslavia
(who also holds the defence portfolio):

Milan Panic
Predsednik Saveznog Izvrsnog Veca
Bulevar Lenjina 2
11070 Beograd
Telegrams:  Predsednik SIV, Belgrade, Yugoslavia
Faxes: 011 38 11 636 775; 011 38 11 195 244
Telexes: 862 11062 siv yu or 862 11448 siv yu
Salutation: Dear Prime Minister

COPIES OF YOUR APPEALS TO:
Tibor Varadi
Federal Minister of Justice
Omladinskih brigada 1
11000 Beograd, Yugoslavia

Ambassador Dzevad Mujezinovic
Embassy of the Socialist Federal Republic of Yugoslavia
2410 California St NW
Washington DC 20008

PLEASE SEND APPEALS IMMEDIATELY. Check with the Colorado
office between 9:00 am and 6:00 pm, Mountain Time, weekdays
only, if sending appeals after September 2, 1992.