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Violence against protesters, Albanian Helsinki Committee: Police used disproportionate force, we demand an investigation

Violence against protesters, Albanian Helsinki Committee: Police used

The Albanian Helsinki Committee has expressed concern about the disproportionate violence used by State Police officers against citizens during the protest held on Thursday in front of Parliament.

AHC reiterates that “the right to peaceful assembly and protest is a fundamental right guaranteed in Article 47 of the Constitution of the Republic of Albania and Article 11 of the European Convention on Human Rights.”

"The obligation of state institutions is not limited to the formal permission of protest, but also includes creating conditions for citizens to exercise this right safely and without being exposed to unnecessary or disproportionate use of force," the statement says.

Meanwhile, the AHC states that the protest was largely peaceful and the situation was under control for a long period of time. However, as the statement states, violent acts committed by specific individuals cannot be automatically attributed to all protesters.

“In relation to Article 11 of the European Convention, the European Court of Human Rights has underlined that isolated acts of violence (throwing eggs, stones by individual individuals) do not deprive the assembly of its peaceful character as a whole nor do they deprive the peaceful participants of protection (Kudrevičius [GC]; Ziliberberg v. Moldova, 2005; Frumkin v. Russia, 2016). AHC notes with concern that, following the incident with the vehicles attempting to leave the premises of the Parliament, the behaviour of the police forces changed immediately. According to the monitoring on the ground, within a short time it went from a calm situation to surrounding and pushing back the protesters and then to the use of tear gas.

Particularly worrying is the fact that the use of tear gas, according to field observation, was not preceded by a public warning with a central voice and consequently not by the provision of a reasonable time for voluntary dispersal. The use of such means, which indiscriminately affect peaceful protesters, journalists, observers and other persons present at yesterday's protest, should have been a measure of last resort, necessary and proportionate. Referring to the standards of the Strasbourg Court, in relation to Articles 3 and 11 of the ECHR, the use of chemical means without warning and without allowing time for voluntary dispersal may constitute ill-treatment and disproportionate interference with the assembly (Abdullah Yaşa and Others v. Turkey, 2013; Ataykaya v. Turkey, 2014; Oya Ataman v. Turkey, 2006). Our Law no. 82/2024 "On the State Police", in articles 12 and 32/3, provide that warning is a mandatory prerequisite before the use of force," the statement says.

AHC also expresses concern about the observed cases of the use of force against persons who had been neutralized and were on the ground.

“The use of rubber batons, blows, punches or other forms of force against persons lying on the ground and surrounded by several police officers who no longer pose a threat and do not resist is unacceptable and requires an immediate, independent and effective investigation. The elaborate standards of the ECtHR regarding Article 3 of the ECHR underline that the use of force against a person who is already neutralized and without resistance constitutes inhuman or degrading treatment; blows to the face and humiliation seriously violate dignity (Bouyid v. Belgium [GC]; İzci v. Turkey, 2013)”, emphasizes the Albanian Helsinki Committee.

AHC emphasizes that the police have the obligation and right to protect public order, the security of citizens and institutions, as well as the physical integrity of their employees. But precisely because of the authority and means that the law has given them, the standard of police accountability is higher.

"Force should not be used as a punitive response, but only when necessary, to the limited extent possible and against specific persons who pose a risk. Neither can violence against the police be relativized, just as neither can police violence be justified by the behavior of specific individuals," the statement continues.

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