UNMIK/PR/586
In an effort to thwart the movement of extremists into and out of Kosovo, UNMIK has recently promulgated a regulation which limits the legal boundary and border crossing points to 19 designated sites, and makes all other crossings subject to criminal prosecution.
SRSG Hans Haekkerup last week signed UNMIK Regulation 2001/10, “On the Prohibition of Unauthorized Border/Boundary Crossings.” It is the second regulation in a package of legislation designed to combat terrorism and comes into effect on 4 June 2001, the same day that the amnesty on personal weapons expires. After 4 June, possession of unauthorized weapons becomes a crime.
In addition, a third regulation on terrorism is currently under preparation and will be presented to the Interim Administrative Council this week.
“We know that there are individuals and groups in Kosovo with ties to armed extremists outside Kosovo, and this regulation will help us to cut those ties,” Mr. Haekkerup said. “We are also concerned that instability outside Kosovo—if imported here--could threaten the progress achieved in political and economic development, as well as inter-ethnic relations.”
After 4 June, people moving in and out of Kosovo can cross legally at 19 locales, selected by KFOR and described in an administrative direction also issued by the SRSG.
The regulation defines “boundary” as the lines of division between Kosovo and Serbia and Kosovo and Montenegro, while “border” refers to the internationally recognized borders between the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia, and between the FRY and Albania.
Those people caught crossing at any place other than the authorized crossing points will be subject to a 500 DM fine and/or 30 days in prison. The penalty is stiffer—up to 5,000 DM or a year in prison—if the perpetrator was not alone, or was accompanied by juveniles while making the illegal crossing.
The penalty will be 45 days to one year in prison if the person who crossed illegally had previously been convicted of a violation of this regulation; or if he or she fled or resisted while being apprehended by authorized law enforcement personnel; or if the perpetrator was in possession of a weapon, ammunition, or military clothing, supplies or equipment.
Crossing at a point where a KFOR checkpoint has been established temporarily would not be prosecuted, according to the regulation.
The regulation will not be applicable for refugees or internally displaced persons fleeing a territory where their lives or fundamental freedoms were threatened, provided they present themselves to authorities within a reasonable time.
Nor will any refugee or displaced person be refused entry into Kosovo or returned to any other territory if his or her life or fundamental freedoms would be threatened. This clause in the regulation does not apply to someone who can be regarded as a danger to the security of Kosovo or who has been convicted of a particularly serious crime.