AHC raises alarm after protest: Suspicious arrests, pressure on journalists and disproportionate use of spray

The Albanian Helsinki Committee has reacted after monitoring the protest held on Thursday, July 23 in front of Parliament.

Referring to the violent episodes that accompanied the protest, KMSh expresses concern about the police response to the protesters, the restriction of freedom by violating individuals, and the chemical substances used against citizens in a disproportionate manner.

The KMSh emphasizes that some citizens were forcibly escorted while standing on the sidewalk without taking any acts of aggression towards the police, while others were mistreated during their escort to the police station.

Among other things, the KMSh asks the police to explain the disproportionate use of tear gas and spray.

DECLARATION:

According to statements by several protesters interviewed by AHC at Police Station No. 1, they were escorted by police forces while they were on the sidewalk, without blocking traffic, without attempting to break the metal fence, without using violence against police officers. They also claimed that they were escorted without being informed of the reason for the escort, were handcuffed during transport to the Police Station, while two of them claim that they were treated humiliatingly before and during the escort in the police vehicle.

AHC found that in the register of escorted persons, the reasons for the escort were noted in a general manner, such as “violent actions in protest” or “illegal actions in protest”, without specifying the specific legal reason for the escort, as required by the legislation in force (Article 19/1 of Law No. 82/2024). In one case, the maximum escort period according to Article 19/2 of Law No. 82/2024 was exceeded.

Also of concern are the contradictory statements of the judicial police officers of Police Station No. 1, which led to overlapping and unclear statuses of the protesters, who, based on the consulted documentation (service report, register of escorted persons or record of arrest in flagrante and further actions to be carried out with them to obtain statements), were sometimes treated as escorted, sometimes as persons under investigation and sometimes as arrested in flagrante for committing a criminal offense. AHC notes with concern that the restriction of freedom, even temporarily in the lighter status of a person escorted to a Police Station (otherwise known as temporary detention), for up to 5 hours, should be a measure of last resort and cannot be used as a substitute for other more severe measures of restriction of freedom such as detention and arrest in flagrante (the terms of which are up to 92 hours). 

The monitoring also highlighted allegations of unannounced and disproportionate use of pepper spray. Some protesters claimed to have suffered serious injuries and burns after significant amounts of the spray were discharged on them, while images published in the media showed the effects of the spray also affecting vulnerable people, including a woman and a minor with disabilities. These allegations require an independent and thorough investigation to verify the respect of the principles of warning, necessity and proportionality in the use of force by the police.

The escorting of the Citizens.Al journalist who was carrying out her duties in the field is also particularly worrying. Although she had informed the police officers that she was a journalist and that her badge had come off her belt, while it was obvious that she was carrying professional filming equipment, she was escorted to the police station without a careful on-the-spot verification of her identity, which would not have resulted in the deprivation of her liberty. In addition, further procedural actions were taken against her, incompatible with the journalist's duty to protect the source of information, by questioning her about obtaining information from a person who has knowledge of a criminal offense (Articles 155 and 160 of the Code of Criminal Procedure).

During the monitoring, the case of a young protester (JA) was also identified, who according to her statements was accompanied only because she was filming the protest. She and the two other protesters who were in the same premises with her, claimed that pressure was exerted on her at the police station to delete the film materials from her mobile phone.

AHC calls on the State Police, the Police Supervision Authority, the Prosecutor's Office and the Tirana Judicial District Court, in accordance with their legal competences:

to verify immediately and without delay the legality of any escort and arrest carried out during the protest;

to independently investigate allegations of disproportionate use of force, ill-treatment and pressure on escorted persons;

to guarantee compliance with the deadlines and procedures provided by law for persons escorted, detained and arrested in flagrante delicto;

to respect freedom of expression and the right of journalists and citizens to document events of public interest, without being hindered or required to delete film materials except in cases provided for by law;

to ensure that any investigation into violence committed against or by police officers is conducted in an impartial, thorough and transparent manner.