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Fair and equal: Sgt Bjrn Stehr is working as a correctional
office in the prison in Prizren in MNB South. "I have never
done work like this before. We are not trained for it, but
we try to treat all of the inmates fairly and equally and
to stay neutral, regardless of what they are accused of,"
he says.
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Prizren/Pristina:
Operation Joint Guardian has entailed a lot of unusual tasks and
roles for the soldiers deployed in Kosovo. One of them is the
guarding of arrested civilians.
KFOR is running
one detention centre for civilians in each of the five multinational
brigades - in Mitrovica, Pec, Lipljan, Prizren and Camp Bondsteel.
At Camp Bondsteel, the inmates are living in tents. The total
number of detainees for all five detention centres now usually
lies between 180 and 200, on charges varying between anything
from theft to murder.
"Managing detention
centres for civilians should not be a military task, but due to
the absence of a civil administration in Kosovo it has been necessary
for KFOR to take on this role as well as other policing matters,"
says KFOR's Provost Marshal, Lt Col Karl Markussen.
"It is an unfortunate
situation. Soldiers are not trained to perform this kind of work,
and it is taking manpower from other important military police
functions in Kosovo," he says.
Lt Col Markussen
emphasises that the KFOR soldiers are doing a very good job in
the detention centres. The International Committee of the Red
Cross has been on several inspections, and has had nothing but
words of praise. Lt Col Markussen confirms that quite a few prisoners
upon being released in fact have asked to stay longer.
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Inmates: In the prison in Prizren, there are usually between
30-40 inmates, of both Albanian, Serb and Roma origin, who
have to be kept separated. The inmates wear blue overalls
that are issued for maintenance people in the German army.
On their backs are pieces of yellow tape with each prisoner's
number.
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Istok prison
Lt Col Markussen
hopes that KFOR will not have to run civilian detention centres
for very much longer than until the end of this year. The United
Nations Mission in Kosovo (UNMIK) is working to reconstruct the
civilian prison system in Kosovo, and KFOR engineers have carried
out extensive repairs at the prison in Istok, to which civilian
long term detainees will eventually be transferred.
Istok prison
consists of five cell blocks. Two of them were completely destroyed
in NATO's bombing campaign, and the other three were in a very
bad state. KFOR engineers have contributed substantially to the
clearing and refurbishing of one of the blocks, also doing work
on plumbing, electrics, cells, doors, the internal security system
and patching holes in the walls from bullets and rockets.
According to
one of KFOR's liaisons to UNMIK, Maj Bill Brabazon, the block
that KFOR engineers have repaired can take approximately 200 inmates.
However, before it can be utilized, kitchen, laundry, medical,
visiting and intake screening facilities must be established.
A Finnish civilian has been appointed manager of the prison, and
he has already started working with the preparations for getting
the prison system up and running. The goal is to have carefully
selected and properly trained managers and correctional staff
from Kosovo, regardless of gender, ethnic origin or religion,
under international supervision. In the beginning, a small Spanish
guard will prove the external security for the prison.
"The reconstruction
of the prison system in Kosovo is an extremely important part
of the civil reconstruction of Kosovo, but it takes time. You
cannot put just anyone to guard both Serb and Albanian prisoners,"
says Maj Brabason.
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Skopje/Pristina:
After a tragic car accident this autumn, a Norwegian KFOR captain
was held in a pre-trial detention centre in the Former Yugoslav
Republic of Macedonia (1) for nearly
a month. Could this happen again with another soldier? And what
rights do we as soldiers deployed in another sovereign state actually
have when we are involved in an incident and the local police
are called to the scene?
"Yes, this could
happen again with another soldier, but it shouldn't. We have arrangements
that should have prevented the detention of the Norwegian captain
from ever taking place," says Lt Col Richard Batty, who was KFOR's
Legal Advisor at the time of the accident.
The rights and
privileges that NATO soldiers have when they are deployed in another
state are normally regulated in a Status of Forces Agreement (SOFA).
Most importantly, a SOFA regulates jurisdiction - i.e.: which
country (the sending state or receiving state) exercises the right
to arrest a soldier and detain, prosecute etc. In FYROM (1),
the status of NATO forces deployed in the country is also regulated
in more detail in an arrangement called the Framework Agreement.
Exclusive
jurisdiction
"According to
the Framework Agreement, each NATO nation that contributes troops
to KFOR shall have exclusive jurisdiction over their soldiers
in respect of any civil, criminal or disciplinary offences that
may be committed by them in FYROM (1),
whether on or off duty. All NATO personnel are obliged of course,
to respect the laws applicable in the state where they are deployed,"
says Lt Col Batty.
This means, he
explains, that if you are involved in an accident or similar incident
in FYROM (1), the local police may hold
you until the military police arrives at the scene, but have no
right to arrest or detain you. Your right is to be dealt with
according to your nation's procedures.
Be cautious
"NATO never accepted
that FYROM (1) had jurisdiction over
the Norwegian captain. But the fact that he was indeed arrested
and detained, is a reminder that sensitive situations can occur
where there will be differences of opinion, and that we have to
pay attention to local law and order and be more cautious. We
need to make sure that our troops, as well as FYROM (1)
authorities, understand the arrangements in place and the procedures
that should be followed when an incident occurs," Lt Col Batty
says.
The KFOR captain
was released after nearly a month. The Norwegian authorities have
been investigating the traffic accident that the he was involved
in, where a FYROM (1) minister, his wife,
daughter, and the driver were killed. It is the Norwegian public
prosecution authority that will decide whether the captain should
be prosecuted or not.
(1)
Turkey recognizes the Republic of Macedonia with its constitutional
name.
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