Helsinki Committee for Human Rights in
Republic of Macedonia
Monthly report for December 2002
1. Public events and violations of democratic principles
1.1. Constitution of the new power - Despite the fact
that three months passed from the constitution of the
new Macedonian Parliament and two months from the
election of the new Government, the process of
constitution of the new power has not finished yet. In
December 2002, the Parliament elected the members of the
Committee for Relations among Communities, but it did
not find the strength to complete the election of
members of its chairmanship. Furthermore, the process of
electing members for the National Security Council was
not completed with the three members to be appointed by
the President.
In addition to this slowness, there are indications for
violation of legal principles by the (non) application
of the Rules of Procedure of the Parliament according to
which the Parliament members not only have the right,
but also the duty "to attend the sessions of
Parliament and to participate in its work and decision
making" (Article 27). This is not by case defined
both as a right and a duty, since the duty derives from
the trust citizens have given the by electing them to
those positions. This duty is not fulfilled by most of
the opposition MP's who "boycotted' the work of the
Parliament in December.
Without going into the right of MP's to express their
political will by boycotting the work of the Parliament,
in respect of which they bear the financial
responsibility, the Helsinki Committee would like to
remind that in accordance with Article 29 of the Rules
of Procedure, the Speaker of Parliament is obliged to
inform the Committee for Elections and Appointments for
each unjustified absence of an MP, for which his/her
salary is reduced by 5% for each day of absence. Even
more, if it is established that the MP has signed the
presence list, which enables him/her to use traveling
and per diem benefits, without attending the session,
and then there is a violation of Article 30 of the Rules
of Procedure, i.e. it is a matter of a type of a
financial fraud.
1.2. Personnel changes: The practice of non-argumented
changes and suspensions continued in December, without
any respect for the right to a fair procedure, the right
to appeal, the presumption of innocence and the
principle of contradictory procedure that are part of
the right to defense and are required for all types of
proceedings. In respect of the process of personnel
changes in the state administration bodies, which were
not evidently linked to the anti-corruption campaign
which deserves full support, it is especially concerning
that there is disrespect or even open negation of the
Law on Civil Servants, by this blocking the Civil
Servants Agency, as an organ to decide upon appeal
against disciplinary measures and suspensions. The
Helsinki Committee issued two separate press releases in
this connection (See Addenda 1 and 2).
The Helsinki committee would like to take this
opportunity to point to the illegality of the tendency
that the office of the Civil Servants Agency is taken
over by the Second Instance Government Commission.
Namely, in one of the decisions for personnel changes it
is openly stated that an appeal may be lodged to the
Second Instance Commission and we quote: 'to decide upon
issues in the labor relations in the second instance
which are not within the competencies of the Civil
Servants Agency.' This means that such a decision
derogates a law! Practically it is a matter of the same
mechanism that the previous Government used, stating
that it employed persons in accordance with the Labor
Relations Law (?) and not in accordance with the Law on
Civil Servants.
1.3. The Framework Agreement and use of languages. The
use of languages in the Republic of Macedonia is an
obstacle for the new Government as well. The Parliament
has still not adopted new laws to regulate the use of
languages in state administration organs (or laws on
issuance of personal documents in accordance with the
amended Article 7 of the Constitution) despite the fact
that this is an obligation to have been fulfilled by the
previous composition of the Parliament (see Article 8 of
Annex B). Hence the dispute that was created as to which
language the sessions of Parliamentary committees,
chaired by ethnic Albanians, should be conducted in,
could not be resolved only by interpreting Article 3 of
the Rules of Procedure of the Parliament since the said
Article gives possibilities for different
interpretations.
The Helsinki Committee underlines that until the
adoption of the new law on use of other languages, the
positive Law on the Use of the Macedonian Language as an
official language in the Republic of Macedonia (Official
Gazette No. 5/98), should be applied. This Law clearly
defines the use of the Macedonia language in the state
authorities (Article 5). This, however, does not limit
the right of persons belonging to ethnic minorities to
official use of their language and alphabet (Article 4)
- instead the Macedonian language is protected, fostered
and advanced. With the adoption of the law on use of
other (official) languages many of the present and
future dilemmas could be resolved. Thus, this process
should be accelerated as much as possible.
1.4. The Framework Agreement and the State Judicial
Council - According to the Government 'one of the
priorities in the implementation of the Ohrid Framework
Agreement is the election of a new State Judicial
Council since this is required by the amendments of the
constitution of the Republic of Macedonia.' In the press
release of the Council it was underlined that
"there are no Constitutional grounds to elect new
members of the State Judicial Council, since the mandate
of the present members has still not ended."
According to Article 104 of the Constitution, the
Council members are elected for a 6 year term of office,
and in accordance with Article 9 of the present Law on
the State Judicial Council the office of a Council
member shall be terminated only in case of a
resignation, dismissal on grounds of a conviction for a
perpetrated crime for which at least six month prison
sentence without possibility of parole is ordered or in
case of permanent loss of capabilities for the
performance of the office. The adoption of a new law has
not been listed as grounds for cessation of the
mandate.
The Helsinki Committee welcomes the insistence of the
State Judicial Council on consistent and uncompromising
respect for the constitutionally guaranteed principle of
the rule of law and for the constitutionality and
legality in the work of state administration bodies
(although the Helsinki Committee is not at all convinced
that the Council itself respected the same principles in
the procedure for the last dismissal of judges). If a
new law is adopted for an "instant change" of
the Council members the rule of law is perverted with
the retroactive application of new laws. As opposed to
this, it is undisputed that the existing Law should be
upgraded, but in a way that new elections be made
gradually in accordance with the amended article of the
Constitution. Thus, in a longer period - the change
could be realized following the cessation of the mandate
of the present Council members.
1.5. Mass illnesses of secondary school students in
Kumanovo: Starting with 30 November, continuously
throughout December, the Kumanovo Clinical Center
received more than 200 secondary school students-ethnic
Albanians, mainly girls, with symptoms of intoxication,
of whom the more serious cases were sent on two
occasions to the Toxicology Clinic in Skopje. The
numerous speculations in the public about this case
contributed to the deterioration of the volatile
inter-ethnic tensions in the region.
Representatives of the Helsinki Committee visited
Kumanovo on two occasion and had meetings with
representatives of the Kumanovo Clinical Center, of the
schools where the education process had still not begun,
an talked with a number of the ill secondary school
girls and boys. Furthermore, there were meetings with
representatives of the Skopje Toxicology clinic and of
the World Health Organization Office in Skopje.
According to the Kumanovo epidemiologists, the
development of this occurrence made them change the
initial diagnosis - staphylococci food poisoning into
intoxication of unknown causes. The epidemiological
investigation of the case conduced by WHO experts leads
to the conclusion that 'it is not possible to identify
one common reason for the health problems of the 215
affected persons, most of them students of the secondary
schools in Kumanovo" and that various factors
caused the occurrence of these incidents and had a
negative impact on the otherwise good health condition
of the students. The findings of some laboratories and
of the Forensics Institute analysis are still
expected.
The polarization of the public in Macedonia along ethnic
lines was strengthened in this case. On one hand, there
was the ethnic Albanian community which was fast in
"diagnosing" that it was a matter of poisoning
and promoted the comparison with similar
'poisonings" in Kosovo perpetrated by Serb
(military) structures. In this respect, some of the
principals of the secondary schools in Kumanovo
expressed dissatisfaction with the insufficient
engagement by the Ministry of Interior in resolving the
case, i.e., with the fact that appropriate criminal
investigation was not conducted. Similarly, some of the
patients complained against discrimination, inhuman
treatment and 'inappropriate examinations" by
health care workers at the Skopje Toxicology
Clinic.
On the other hand, equally promptly it was
"diagnosed" that it was a matter of "mass
hysteria" which unfortunately was accepted even by
some health care workers. The developments in this case
were followed by one-sided focus on "facts"
that favor such a 'diagnosis'. However, a number of
health care worker were categorical in stating that the
symptoms were not faked, and the monitors of the
Helsinki Committee could verify this. Thus, it is
evident that neither of the 'diagnoses' is argumented
and grounded or more precisely both sides insist on
explanations, which cannot be corroborated, at the same
time refusing discussions in which other views could be
expressed. Ultimately, there remains the only true fact
that there was no satisfactory explanation given.
Similar closeness to communication was demonstrated by
the doctors at the Toxicology Clinic, who although have
conscientiously undertaken comprehensive researches,
without explaining their steps, contributed that some of
the patients are confused about the character of the
examinations conducted.
In light of all above stated, the Helsinki Committee
would like to remind that according to Article 3 of the
Convention on the Rights of the Child, all activities
undertaken by the institutions in respect of children
shall be governed by the principle of the children's
best interest, who, inter alia, have the right to
"the highest level of health and medical protection
and rehabilitation" (Article 24). Similarly,
Article 49 of the Law on Health Protection stipulates
that health care workers are obliged to take care of the
dignity of beneficiaries of health care services. Thus,
the Ministry of Health should make maximum efforts to
avoid situations in which non-medical 'diagnosis' impact
the steps undertaken by doctors, and to secure full
transparency of the work especially in respect of
relatives and members of the closest family of the
patients.
On the other hand, considering the fact that the
epidemiological investigations did not establish the
causes for the reoccurence of the symptoms with
secondary school students, it will be necessary that the
Ministry of Health, in cooperation with the WHO,
prepares an expert team of various medical specialties
to be ready to urgently react in case there is another
reoccurence of the incident.
2. Violations of economic and social rights of citizens
2.1. Strikes and demands for revision of privatization -
The wave of worker's dissatisfaction expressed through
strikes, demands for payment of overdue salaries,
demands for revision of privatization etc. continued
with the same intensity in December. It is especially
concerning that there were threats for use of force and
methods of violence, which culminated in Veles in front
of the "Kiro Cucuk" factory. Namely, on 3
December 2002 after a group of stockholders attempted to
protest in front of the Factory, they were shot at with
firearms, by the factory's security when four of the
protestors were injured.
Representatives of the Helsinki Committee visited the
"Kiro Cucuk" Factory in Veles and talked with
the factory's management, with the factory's trade union
organization and with the Strikers' Board. The competent
persons at the Veles unit of the Ministry of the
Interior were the only one unavailable for communication
and information.
The Factory has arguments to substantiate the claim that
it works successfully (example: the average salary is
15.000 MD) and that there are no grounds for a strike on
economic reasons (too small number of workers who
expressed any dissatisfaction and there was lack of any
trade union demands). Due to these arguments are their
interpretation that the strike served the purpose of
taking over the management of the Factory by the
previous management structure, and therefore that is, in
fact, the reason why the strike was not regularly
announced.
On the other hand, the strikers are not satisfied with
the manner in which the Factory was privatized, which
has had an impact of the establishment of the management
structures.
In connection with the incident itself, when there was
use of firearms, the factory security states that
allegedly the group was large (30 to 40 persons) and
strikers were violent - allegedly one of the security
officers was hit with a hard object in the head and was
taken away his gun. When talking to the said person
there could be a visible sign of injuries seen. There
are claims that three officers of the security agency
'Osa" were seen among the strikers, and that the
police had taken away the entire weapons from the
factory security, but not from the attackers. On the
other hand, according to the strikers, they had just
come to the main gates of the Factory when the factory
security fired shots at them without any reason.
The Helsinki Committee is concerned with the further
spreading of the 'vigilante justice", which, inter
alia, is a result of the unconvincing court proceedings.
Even more in this case it is very important to complete
the investigation and the court proceedings upon the
criminal charges for grievous acts against the public
security and causing general danger, in order to create
conditions for clearing up substantial issues.
2.2. Poverty - Statistical data published in December
point to a rapid growth of the poverty rate. The
Minister of Labor and Social Policy informed that in
Macedonia there are 82.000 poor families, 30.000 more
than in 1998, i.e. about 30% of citizens are below the
poverty line. According to the Minister of finance
"almost one quarter of the population in Macedonia
is poor according to domestic criteria". Hence, the
strategy for overcoming poverty is of the highest
Government priority.
The Helsinki Committee completely agrees with the
necessity of commencing a decisive struggle against the
rapid pauperization of a huge percentage of the
Macedonian population. However, the location of the
difference that has occurred exactly at the time of the
previous Government indicates that it is more a matter
of a party propaganda and not of an authentic desire to
change negative situations.
2.3. Welfare apartments - On 16 December 2002, the
Government of the Republic of Macedonia adopted a
decision for annulment of published public
advertisements for allocation of apartments built within
the "Project for construction of apartments to be
leased to persons with low income' on grounds that
"the public advertisements were published without
previously defining the precise criteria for ranking
persons with low income, and on grounds that there was
allocation of apartments that have not still been
constructed ' (Official Gazette No. 97/2000). At the
same time, the Government did not annul the Decision on
the manner and procedure for allocation of apartments to
be leased to persons with low income" (Official
Gazette No. 104/2000) adopted in accordance with the Law
on indebtedness of the Republic of Macedonia with the
Council of Europe Development Bank upon a Loan Agreement
on the 'Project for apartments to be leased to persons
with low income' (Official Gazette no. 41/2000).
Furthermore, the Government adopted a decision for
annulment of the published public advertisements based
on Article 30, paragraph 2 of the Law on the Government,
but did not state which legal or constitutional
provisions, or regulations of the Parliament or of the
Government the public advertisements are not in
accordance with. Even more, the public advertisements
are in accordance with the conditions set forth in the
Government Decision on the manner and procedure for
allocation of the apartments (which has not been
annulled).
The Helsinki Committee would like to remind that it
informed about this case in its Report for October 2002
when it called upon reexamination the selection in a
legal procedure. Instead, the Government, upon the
proposal by the Ombudsman, decided to annul the public
advertisements in respect of which there are no evident
legal grounds (if any). This not only violates the
rights of persons that fulfilled the criteria and were
allocated apartments to lease, but also of persons who
fulfilled the criteria but were not allocated apartments
for lease. Even more, the Decision for annulment of the
public advertisements does not automatically make null
and void the lease contracts concluded for a given
period of time. The contract clearly defines how, under
which conditions and in which manner the Ministry may
cancel the contract prior to the cessation of the lease:
by registered letter (with a cancellation period of 15
days) under conditions and manner envisaged in the Law
on Obligations and the Law on Housing. Hence, it can be
concluded that the Government is obliged to cancel all
contracts concluded thus far through a valid, legal and
individualized procedure if it desires to realize the
annulment.
Therefore, the Helsinki Committee once again calls upon
the Government not to exasperate the violation of the
rights of all those person who fulfilled the conditions
for allocation of an apartment to lease, and to revise
only the selection and cancel or not conclude contracts
only with those persons who do not fulfill the
conditions defined in the public advertisements, i.e. in
the still applicable Decision on the manner and
procedure for allocation of apartments.
3. Police and Court cases
3.1. Bomb explosion in Kumanovo. - Tensions in the
interethnic relations in the Kumanovo region were
aggravated by the explosion in front of the Goce Delcev
Secondary School in Kumanovo on 25 December when one
person was killed, two persons were seriously injured
and three suffered light injuries. The media reported
the claim of the police that the explosion was intended
directly for the children from the secondary school and
that the entire operation had been well planed. After
the explosion in Kumanovo a meeting was held in which
the following participated: Minister of the Interior,
Minister of Defense, the NATO and OSCE Ambassadors,
Mayors of Kumanovo, Aracinovo and Lipkovo.
The Helsinki Committee concludes with resignation that
the method of ambitious and 'knowledgeable' statements
by the police continues, which are not followed by a
professionally conducted and efficient
investigation.
3.2. The Bejtula Berzah and Krenar Osmani trials - Upon
initiative of the OSCE Office in Skopje, the Helsinki
Committee joined the monitoring of a very indicative
procedure instituted against Bejtula Berzah and Krenar
Osmani at the Skopje I First Instance Court for the
crime of organizing a group and incitement to
perpetration of genocide and war crimes. As early as, 20
February 2002, the investigative judge at the Skopje I
First Instance Court issued a decision for instituting
an investigation and ordered detention charging Krenar
Osmani that at the time of the armed conflicts between
the NLA and the Macedonian security forces, he as an NLA
member together with other NLA members, on 20 June 2001,
took hostage of Mafis Berzati at the headquarters of the
so called NLA in the village of Selce Kec with the
intention of extorting from his family 10.000,oo DEM and
a car for the needs of the NLA; and that on 1 July 2001,
grievously bodily injured by shot through wounds Ramiz
and Nedzije Berzati, parents of Mafiz. Furthermore, he
is charged that in violation of the international law
rules contained in Article 3 of the Geneva Convention
for protection of civilians in war, together with other
persons perpetrated attacks against several civilians
during the war; ' … the damaged Novica Trajkovski,
Sinisa Milenkovski, Dalibor Velickovski and Saso
Dodevski from Kumanovo and Shaban Sinanov from Veles,
which had serious consequences on the physical integrity
of the said persons, damaging their health, in
especially cruel manner with tortures, offending the
said persons' dignity ….". Bejtula Berzah is
charged that on 19 July 2001 participated in the group
that burned the grounds the family house of Ramiz
Berzati and his restaurant Sultan, in the village of
Bogovinje.
The case is burdened with several controversies. First,
in the preparatory works, the Hague prosecutor organized
line-up recognition when these two persons were not
pointed out by witnesses - hence the procedure
temporarily ceased. Similarly, in the interview, the
damaged Nedzije Berzati openly and decisively requested
the court to detain quote 'the true culprits' whom she
and others know by their names. Contrary to this
statement given without fear and decisively and
detrimentally by the witness to "see justice
done" the main judge insisted on several occasions
that she "recognize" the charged persons as
the perpetrators of the crime!?! Furthermore, the judge
denied the defense demands to interrupt the procedure
against the said persons on the basis of the Amnesty
Law.
It is interesting that the Skopje I First Instance court
ordered detention for Bejtula although the court was
aware of the fact that the Tetovo First Instance Court
was demanding him to serve a one year prison sentence
following a legally valid court verdict for the crime of
rape and that he was arrested by the controversial
"Lions" police unit. Perhaps it is even more
interesting that Osmani, during the March demonstrations
in 2001, in support of the so called NLA, gave a
statement for the London "Guardian", heavily
criticizing the conditions for life of ethnic Albanians
in Macedonia, and was arrested by the Ministry of the
Interior at the Jazince border crossing allegedly on
grounds of wanting to leave the country and abscond to
Kosovo using a forged passport.
Based on the monitoring and especially on these
controversies the Helsinki committee comes to the
following initial considerations:
a) Judicial organs abstract themselves from the factual
situation and attempt to convict the two persons on
whatever grounds following the principle: "Even if
they are not guilty of the charges brought against them,
there are sure to be guilty of something
else";
b) That judicial organs intentionally abstract
themselves from Article 5, paragraph 1 of the Law on
Amnesty (Official Gazette No. 18/02) according to which
ex officio…." "Persons" for whom there
are reasonable suspicions that they have prepared or
committed crimes related to the 2001 conflict, including
26 September 2002 are exempt from prosecution, the
criminal proceedings are interrupted and are fully
exempt from serving a prison sentence".
c) Judicial organs intentionally abstract themselves
from Article 4 of the Law on Amnesty according to which
amnesty shall not apply only to "persons who have
committed crimes …for which the International Tribunal
shall institute proceedings" By this the legislator
clearly and unequivocally limits the competencies of the
national judicial organs and transfers the competencies
to the Hague Tribunal. The Skopje I First Instance Court
did not present a document that it undertakes
proceedings upon such a request by the Hague
Tribunal;
d) Judicial organs intentionally used the qualification
of "genocide" without even attempting to prove
it in whatever segment just for the purpose of creating
the impression of most probably "defending the
national interests". Taking into consideration that
there were ethnic Albanians among the damaged they
brought themselves in the situation to implicate that
the charged "had the intention of completely or
partially destroying" their own ethnic group;
and
e) If the Skopje I First Instance Court does not show
trust in the Tetovo First Instance Court and orders
detention for a person requested to serve a prison
sentence, then the question that imposes itself is how
can one expect that citizens trust the judicial organs
of Macedonia?
3.3. Avoidance of proceedings by courts - The Helsinki
Committee for Human Rights of the Republic of Macedonia
once again points out that the proceedings of the Board
of the Helsinki Committee of the Republic of Macedonia
against the Vecer daily newspaper (crime of libel) is
deliberately delayed before the Skopje I First Instance
court and that nothing has been undertaken in the case
of Mr. Belja.
4. Missing and kidnapped persons and out of court
detentions
4.1. The "Rashtanski Lozja" case - After the
demolition of the Macedonian Consulate in Karachi the
night between 4 and 5 December, the "Rashtanski
Lozja" case is again made topical.
The Helsinki Committee takes this opportunity to call
upon the Public Prosecutor's Office to thoroughly
investigate the case, inviting experts independent from
the Ministry of the Interior, considering the clear
indications that it is a matter of a fabricated
case.
4.2. Missing persons The Helsinki Committee would like
to remind the Prime Minister and the Minister of the
Interior of the unfulfilled promise made on 29 November
that after 30 days they would give concrete information
for the clearing up of the case.
5. The media and freedom of information
In December 2002 the public was faced with numerous
media speculations and misinformation, mostly in
relation to the events regarding the secondary school
students in Kumanovo and the Љemљevo pupils,
then in relation to the criminal charges and institution
of court proceedings in the anti-corruption campaign,
and in relation of the wave of workers' dissatisfaction
and the numerous demands for revision of
privatization.
The arbitrariness of printed media in the Macedonian and
in the Albanian language was most evident in informing
about the mass illness of the secondary students in
Kumanovo, in respect of which the attitude of numerous
media in the Macedonian language is concerning since it
lacked of any special care about the best interests of
the children, and very often in lack of credible
information from the competent institutions it flared up
constantly the speculations. The printed media in the
Albanian language were equally full of speculations -
such is the case of the article "Traces of
poisoning lead to Serbia" published in the Fakti
newspaper, in which there were numerous speculations
about the possible links of the symptoms of the
secondary school students in Kumanovo to the
"poisoning of Albanian students on Kosovo" in
which 'agents of the secret service of former Yugoslavia
were involved.'
Considering the informing about the Љemљevo
case there was indicative arbitrariness of the media in
the Macedonian language which welcomed the establishment
of new classes in Siricino condemning the previous
similar act of dislocation on ethnic grounds of the
secondary school students in Kumanovo while reporting
about events in this city.
6. International Cooperation
The Helsinki Committee would like to take the occasion
of celebrating the International Day of persons with
special needs (3 December), when numerous examples of
discrimination and social marginalization of persons
with special needs in Macedonia were disclosed, to
announce that the preparations for a comprehensive
international project to be realized in 2003 - otherwise
International year dedicated to these persons- are being
completed. The project, inter alia, envisages creation
of a database on the number and condition of persons
with special needs, "overhaul" of the entire
legislation in this context, various concrete actions to
be implemented in the field etc.
ANNEX 1
PRESS RELEASE
ON THE ANTI-CORRUPTION CAMPAIGN
The Helsinki Committee for Human Rights of the Republic
of Macedonia declares its open and sincere support of
the efforts of the central Government of the Republic of
Macedonia in the comprehensive and thorough action for
eradication of the corrupted individuals in the
administration, as well as judicial persecution of all
political figures executing numerous violations, not
only ones of official duty but of human rights and
freedoms also, have committed extensive financial and
material gains, which have to be refunded in the state
treasury.
Two diametrically contrasted principles are present in
the execution of these activities seen from the aspect
of the promotion and protection of the human rights and
the building of a State of Law, as the greatest
guarantees of these rights.
On the one hand, as the Helsinki Committee could
ascertain, are the judicial actions whereby, in a
legally effective court proceedings, concrete activities
against individuals suspected of committing serious
financial violations have been undertaken. A solid
argumentation has been collected by the administrative
and inspection bodies, criminal charges have been
brought with mediation of the Ministry of Interior,
while the Public Attorney's Office and the Courts opened
proceedings and pronounced pre-trial confinement
measures for the suspects. All this deserves applause at
the open stage, regardless of the fact that there
remains a lot to be done and that it seems like certain
former bearers of executive power are still inaccessible
for judicial persecution in spite of the highly evident
arguments against them. The virtue of the Court bodies
in the reexamination of their actions (as in the
Gjorgovski case) should be especially marked, striving
towards the correction of their decisions, if needed.
On the other hand, the Committee has already pointed out
that the principles of argumentation and contradiction
(which are not a privilege of judicial persecution, but
a necessity in all proceedings) continue to be violated
both in the parliamentary and the personnel, as well as
in the administrative procedure. Namely, in front of the
public eye, the Parliament permitted itself to carry out
removals, without granting the right to defense to the
concerned officials and judges. This continued, in all
intensity, in the personnel policy, where open
"confession" that the cadre changes were
preformed not due to demonstrated incapacity or
nonprofessionality, but, we quote, "…due to
satisfying the appetites…" was heard.
Nevertheless, the last cases of dismissal of high
administrative officials or their suspension exempt from
appropriate explanations are especially alarming.
Characteristic for this approach is the case in the
Ministry of Labor and Social Policy, where the Minister
discharged a high administrator because such authority
was provided for in art.51, para. 3 of the Social
Protection Law. The Minister did not only failed to read
the surrounding articles, but he did not even read the
rest of the article he referred to. For example,
paragraph 5 from the same article says that the mandate
of that administrator (director of public institution)
lasts 4 and not 1,5 years. Or article 54 where the
reasons and basis for the administrator's dismissal are
clearly stated (for which there is not even one word in
the dismissal decision).
There is a similar case in another Ministry where
disciplinary procedure against one high administrative
official was started and he was suspended although
neither in the disciplinary initiative, nor in the
suspension decision, is stated what this administrative
official is accused i.e. suspected of. Simply, article
68 from the Law of State officials was put forward,
which consists exactly of 11 entirely different
disciplinary offences. In both cases, not only is the
procedure abused but also these citizens of R. Macedonia
were deprived of the right of defense by using the
simplest way - by not telling them what offence they
have committed. In this way, the presumption of
innocence becomes certain guilt: we know that he had
done something against the law, whether we are going to
establish that or not - does not make any difference.
Maybe latter, maybe not at all.
In this way the inevitable question arises, in what
sense this governmental structure is different from the
previous one. Apart from the fact that exactly
VMRO-DPMNE, along with their coalition partners, were
the ones that established the practice of human rights
violations, they are now those who at full volume scream
that their human rights are being violated. Exactly
because of these reasons the greatness, not the handicap
of the democracy should be proved to them. The virtue of
the democracy is proving to the human rights abusers
their offends in legal valid procedure, with respect of
the basic principle of human rights: that all rights are
applicable to all, in every situation. Yet, it does not
look like difficult task. On contrary, it seems that
there are plenty of arguments and proofs against them.
Simply, they have to be proceeded, pointed out and
proved. Even more, following the procedure has not only
a function to protect the suspected or accused but the
prosecutor as well - this is the best way to make sure
that one won't make mistakes, and if he does so, to be
able to make a correction of the mistake.
Therefore, the Helsinki Committee appeals to the
authorities not to forget that these principles are
valid in the personnel i.e. administrative procedure and
that we expect not only to halt the unfounded changes or
suspensions but to discharge the concerned, both with
the two pointed decisions and all decisions that contain
either abuse of the procedure, or the deprivation of the
right of defense for the persons against whom the
procedure was incited. Afterwards, in case there are
arguments, valid procedure should be carried on, with
respect of the human rights corpus.
ANNEX 2
PRESS RELEASE
FOR THE CHANGES IN THE ADMINISTRATION
The Helsinki Committee for Human Rights of the Republic
of Macedonia with great concern follows the numerous
personnel changes in the administration as well as the
blocking of the work of the Civil Servants Agency and
the dismissal of the Director of this Agency.
The rule of law is a basic value of the constitutional
order in Republic of Macedonia. It should provide
regularity and consistent fulfillment and practice of
the democratic order and inflicts an obligation upon the
State authorities to respect the law and justice,
regulated in an impartial manner. Impartial, skilled and
competent administration is an essential element of the
rule of law, and in the spirit of democratic principles,
our legislative body has oriented itself towards the
distinction of professional, administrative apparatus
versus political functions. For that purpose, relatively
shortly after the adoption of the Law for Civil
Servants, a change has been additionally adopted
according to which it is not the Government but the
Parliament which chooses the Director of the Agency with
a six years mandate. Furthermore, the Agency is given an
additional authority to decide as a second instance on
the complaints and objections of the Civil Servants
regarding the abuses of their labor rights.
Stemming from this and taking into consideration the
change that not the Minister, but the State Secretary
decides on the employment of new or taking over of civil
servants in the procedure carried out by the Agency, it
is clear that the Agency should be the corner stone of
protection of the Civil Servants from any possible
arbitrary and voluntary action of the Minister.
Therefore, the use of the article 8-a from the Law,
regarding the dismissal of the Director for reasons of
"incompetence, partiality or unprincipled"
should be seriously supported by arguments and proofs.
By saying this, we certainly do not advocate an amnesty
of this institution or its authorized persons due to
their inactivity and possible abuses done in the last
period. The Government has both the authority and a
serious governmental apparatus that could provide
collection and presentation of evidence. Without this,
we instantly return to the past period of domination of
law misconduct.
It is certain that serious work is expected by the new
Government, in the area of illegal employment in the
governmental bodies among other areas. However, it
should be precisely the Agency that will be carrier of
these activities, especially if it turns out to be true
that through the legal procedure carried out by the
Agency only 80 persons have been employed. Consequently,
it would be very easy to point out the cases when the
Agency has been "evaded", when the decisions
have been signed by the Ministers (not the State
Secretary), when the Agency has not reacted in
accordance with its authority (i.e. in the cases when
other bodies have preformed activities in the Agency's
domain), and therefore the law has been violated. Thus,
the procedure against the Civil Servants becomes legally
based, instead of basing it on a partisan, arbitrary
qualification of the current Minister.
Taking especially into consideration that
"eviction" of the Law on Civil Servants was
previously indicated at the very moment when the
Government placed the State Secretaries in the
"pile of party agreements". That means that
it, de facto, violating the Law on Civil Servants
transformed them from administrators to politicians, the
Helsinki Committee appeals to the Parliament and the
Government not to be caught in the trap of the principle
that one injustice justifies another. The result of this
principle would be solely - bigger injustice.