Romani Youth Last Seen Alive While Being Chased by Police in Skopje

[Ptolemy]

16 June 2006, Budapest, Skopje. The European Roma Rights Centre (ERRC)
and
the National Roma Centrum (NRC) sent a letter to Dr. Vlado Buckovski,
Prime
Minister of the Republic of Macedonia expressing grave concern about
the
recent death of a Romani youth named Trajan Bekirov, and urging that
Macedonian authorities to carry out a prompt, thorough and effective
investigation. Copies of the letter were also sent to Ms. Meri
Mladenovska
Gjorgjievska, Minister of Justice, Mr. Ljubomir Mihajlovski, Minister
of
Interior, and Mr. Aleksandar Prcevski, Public Prosecutor of the
Republic of
Macedonia.

Seventeen-year-old Trajan Bekirov was last seen alive after Macedonian
police "Alfi" units chased him and his friend, Orhan Isemi, on 11 May
2006.
His body was discovered on 28 May 2006 in the river Vardar near the
village
of Tubarevo. The Institute for Judicial Medicine carried out an
autopsy,
the result of which is still unknown. A criminal investigation is
reportedly open, but as of the date of this letter, no results have
been
made public. Media articles in Macedonia have featured sensational
allegations, such as the contention that Trajan Bekirov's organs may
have
been stolen. Trajan Bekirov's parents believe the initial police chase
was
influenced by racial considerations. They also allege an anti-Romani
bias
among Macedonian authorities.

The ERRC/NRC letter urges the respective authorities to undertake any
and
all measures available to ensure a swift, full, thorough and effective
investigation into the death of Trajan Bekirov, and that any and all
perpetrators involved in illegal actions in connection with his death
be
swiftly brought to justice. The organisations urge further that
authorities
investigate the possibility of racial motive or animus in the
circumstances
leading to and/or surrounding Trajan Bekirov's death, in addition to
seeking to determine whether other forms of wrongdoing have taken
place.
The results of the investigation, including that of the autopsy, should
be
transparent, and set to rest any and all open questions surrounding
these
events.

The full text of the ERRC/NRC letter is available here:

Honourable Prime Minister Buckovski,

The European Roma Rights Centre (ERRC) is a Budapest-based
international
public interest law organization aimed at combating anti-Romani racisms
and
human rights abuse of Roma. The National Roma Centrum (NRC) is a
professional non-governmental organization located in Kumanovo,
Macedonia,
with the aim of representing and stimulating the active participation
and
integration of Romani people on the principles of the modern
multiethnic
European society. The ERRC and NRC are writing to express grave concern
about the recent death of a Romani youth named Trajan Bekirov, and to
urge
that Macedonian authorities carry out a prompt, thorough and effective
investigation.

Seventeen-year-old Trajan Bekirov was last seen alive after Macedonian
police "Alfi" units chased him and his friend, Orhan Isemi, on 11 May
2006.
His body was discovered on 28 May 2006 in the Vardar river near the
village
of Tubarevo. The Institute for Judicial Medicine carried out an
autopsy,
the result of which is still unknown. A criminal investigation is
reportedly open, but as of the date of this letter, no results have
been
made public. Media articles in Macedonia have featured sensational
allegations, such as the contention that Trajan Bekirov's organs may
have
been stolen.

Honourable Prime Minister Buckovski,

The European Court of Human Right's case law and other international
legal
standards require a prompt and effective official investigation where
there
are potential violations of the European Convention on Human Rights.
Further positive obligations arise where there is a possibility that
racial
animus may have influenced events, implicating the Convention's ban on
discrimination.

States Parties to the Convention including Macedonia -- have a positive
obligation to immediately investigate alleged violations of the
European
Convention. Such an obligation also arises by implication under Article
1,
where the State must secure the "rights and freedoms of the
Convention". In
Nachova v. Bulgaria, a case decided recently, the Court held that the
Bulgarian authorities had violated the obligation under Article 2 by
failing to investigate the deaths of two Roma men. Furthermore, in
Assenov
v. Bulgaria, the Court reiterated the principles of effectiveness of an
investigation, that is there must be an official "investigation leading
to
identification and punishment of those responsible". In the present
case, a
youth of Romani origin died in suspicious circumstances after a police
chase. Since his life has ended and his family alleged possible police
abuse before his death, it is imperative that the responsible
authorities
commence and carry out a prompt, thorough and effective investigation.

Several international standards emphasize the necessity of conducting
an
investigation to give meaning to the articles of the Convention. For
example, the UN Convention against Torture (CAT) sets out that States
are
required to provide any individual who alleges that he has been
subjected
to torture the right to complain to the authorities. Such a person also
has
the right to have his case promptly and impartially examined.
Furthermore,
the European Committee for the Prevention of Torture has stated that
where
a country refuses to investigate allegations of torture, that country
undermines "the very foundation of a democratic society". Thus, such an
investigation is needed to protect the rights guaranteed under the
Convention.

The obligation to investigate is even more pressing where potential
Convention violations may have a racial motivation. Under Article 14 of
the
Convention, everyone's rights must be protected from discrimination on
the
basis of race and other grounds. Trajan Bekirov's parents believe the
initial police chase was influenced by racial considerations. They also
allege an anti-Romani bias among Macedonian authorities. Thus, a
thorough
investigation should begin at once, to allay any suspicion of racial
bias,
and to avoid the manifestation of an Article 14 violation.

In addition, the matter of police abuse and impunity has long been a
particular concern for the Romani community in Macedonia. Organizations
such as Human Rights Watch have documented the growing and unresolved
problem of police violence. In a 2003 report, Human Rights Watch noted
that
police in Macedonia "continue to perpetuate racially motivated abuses
against the Roma with impunity". In a report released in September 2004
on
Macedonia, the European Committee for the Prevention of Torture and
Inhuman
or Degrading Treatment or Punishment (CPT) stated that "the inaction of
judges, public prosecutors and investigating police officers has
fostered a
climate in which law enforcement officials minded to ill-treat persons
have
come to believe with very good reasons that they can do so with
impunity".
The European Commission Against Racism and Intolerance (ECRI) of the
Council of Europe has further observed that, in Macedonia, "Issues of
discrimination and intolerance are not adequately recognised and
confronted".
Honourable Prime Minister Buckovski,

We urge you to undertake any and all measures within the powers
available
to your office to ensure a swift, full, thorough and effective
investigation into the death of Trajan Bekirov, and that any and all
perpetrators involved in illegal actions in connection with his death
be
swiftly brought to justice. We urge further that authorities
investigate
the possibility of racial motive or animus in the circumstances leading
to
and/or surrounding Trajan Bekirov's death, in addition to seeking to
determine whether other forms of wrongdoing have taken place. The
results
of the investigation, including that of the autopsy, should be
transparent,
and set to rest any and all open questions surrounding these events.

Yours sincerely,
Dimitrina Petrova (ERRC) and Asmet Elezovski (NRC)

For further information on the case, please contact:

Asmet Elezovski (NRC) elezovski@nationalromacentrum.org +389-31-427-558
Anita Danka (ERRC) anita.danka@errc.org +36-1-413-2200

Persons wishing to express similar concerns on the Trajan Bekirov case
are
urged to direct communication to:

Dr. Vlado Buckovski
Prime Minister of the Republic of Macedonia
Fax: +389-2-311-80-22

Ms. Meri Mladenovska Gjorgjievska
Minister of Justice of Republic of Macedonia
Dimitrie Cupovski Street, 9, 1000 Skopje, Macedonia
Fax: +389 23 226 975

Mr. Ljubomir Mihajlovski
Minister of Interior
Dimce Mircev Street, bb, 1000 Skopje, Macedonia
Fax: +389 23 112 468

Mr. Aleksandar Prcevski
Public Prosecutor
Krste Misirkov Street, bb, 1000 Skopje, Macedonia
Fax: +389 23 219 866

[Ptolemy]

"Since 2003, the Macedonian RDDA has appeared three times before the UN Working Group on Minorities, presenting in particular matters concerning the ill-treatment of Roma in Macedonia by public officials. This year, RDDA and HCAR reported on the case of the seventeen-year-old Trajan Bekirov, who was last seen alive after Macedonian police "ALFI" units chased him and his friend, Orhan Isemi, on 11 May 2006. His body was discovered on 28 May 2006 in the river Vardar near the village of Tubarevo. Based on an autopsy carried out by the Institute of Juridical Medicine and Criminal Autopsy and on the basis of the investigation by the Ministry of Interior's Sector on Internal Control and Professional Standards, government representatives announced that police actions were appropriate. However, Trajan's parents hired an independent forensic expert for a second autopsy which was carried out five days after the first one. As a result, unlike the first examination, the doctor raised several issues according to which the police could be found responsible for inappropriate action resulting in the death of Trajan Bekirov. Based on this report, the ombudsperson initiated further investigation. However, the public prosecutor announced last week that the investigation will not be pursued further in the matter. (for further details of the case, see the letter of ERRC and the National Roma Centrum sent to Dr. Vlado Buckovski, Prime Minister of the Republic of Macedonia http://www.errc.org/cikk.php?cikk=2604). RDDA and HCAR recommend measures including:
* An independent and objective investigation and fair court procedure, and imposition of sanctions on the perpetrators;
* Revision of legislation regarding police forces;
* Imposition of sanctions on all public servants responsible for the ill-treatment of citizens;
* Adoption of an effective and independent control system on police, judiciary and other public services.

In its response, the Macedonian Government emphasized that the case of Mr. Bekirov is an individual case and probably it is therefore not appropriate as a subject of interest for the UN Working Group on Minorities. He expressed that the government completely rejects statements by the members of the Macedonian NGOs suggesting that the special police unit might be influenced by any racist attitudes toward the members of the Romani ethnic community. The government representative rejected allegations that Roma in Macedonia suffer discrimination in the fields of education or employment. He went on to explain efforts undertaken by the Macedonian Government for the integration of Roma."

The statements of the three NGOs as well as the response of the Hungarian and Macedonian Government are available at http://www.ohchr.org/english/issues/minorities/group/main.htm.

For more information, please contact dr. Rita Izsαk, ERRC Mandate and Communication Officer at +36-1-413-2200 or rita.izsak@errc.org
_____________________________________________

The European Roma Rights Centre is an international public interest law organisation which monitors the rights of Roma and provides legal defence in cases of human rights abuse. For more information about the European Roma Rights Centre, visit the ERRC on the web at http://www.errc.org.



Seems the young Romani was murdered by skopjan policemen and FYROM state tries now to cover up the murder.

[Ptolemy]

"HERALDS OF THIRD POST-MORTEM AND LAWSUIT AGAINST POLICE OFFCERS"


The Helsinki Committee of Macedonia together with Ezerxhan Bekirov, father of
late Trajan Bekirov, have filed a lawsuit against the "Alfa" police unit, after
Dr Alan Jameson, Scottish forensic expert, has agreed to carry out yet another
third post-mortem on Bekirov's body.

Officials from the Helsinki Committee claim there were reasons to suspect the
"Alfa" police officers of misconduct which had resulted in Bekirov's death. They
said the Interior Ministry Internal Control Department had failed to reconstruct
the event and were yet to explain the impetus behind the police's pursuit of the
two boys which ended tragically for Bekirov.

"Our goal is to convince the state to resume the investigation into Bekirov's
death and prevent the "Alfa" police unit of becoming a street-gang. Furthermore,
we appeal for subjecting the Court Forensic Institute under closer scrutiny and
formation of an independent institution specialized in cases of torture", the
Helsinki Committee President Mirjana Najcevska said.

Replying to accusations addressed at the Committee by Dr Aleksei Duma, Director
of the Court Forensic Institute, of undermining its professionalism by hiring
Georgi Bankov, Bulgarian forensic expert, to conduct an independent post-mortem
on Bekirov's body, Najcevska said the Bulgarian expert had been engaged under
recommendations tabled by the International Committee for Helping Victims of
Torture, Amnesty International and by the Helsinki Federation. She informed that
Bankov had been a member of the Bulgarian Helsinki Committee, worked for the
Bulgarian Court Forensic Institute from 1995 to 1998 and had carried out over
500 post-mortems.

"One of the reasons for hiring Bekirov was the fact that he resides nearby and
because Bekirov's body was in a stage of decomposing. His has done forensic work
in a number of countries and his findings have been many times used by Amnesty
International", Najcevska said.

The Committee has cast doubt on the official forensic report according to which
Bekirov's death had been caused by drowning by accusing it of being incomplete
and of lacking reasons which had led to the boy's death.

"The main difference between the two post-mortem reports is Bankov's claim that
Bekirov's body had lain on a dry and smooth surface for several days, which is
not mentioned in the official report. Moreover, Bekirov's body was not subjected
under x-ray examination, which would have shown that he had suffered multiple
head fractures", Najcevska said.

She informed that Dr Alan Jameson, member of Amnesty International and Director
of Glasgow Forensic Institute, had agree to conduct another post-mortem on
Bekirov's body.

The Public Prosecution last week said it had failed to identify reasons for
bringing charges against the "Alfa" police officers who took part in Bekirov's
chase with the police which ended in tragedy. He went missing on 11 May and was
last seen near the Bridge of the United Nations in the district of Vlae and was
found dead 17 day later in river Vardar.