FLASH
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The Albanian Helsinki Committee (AHC) has reacted after the incidents recorded during the protest held this Tuesday in front of the Parliament, expressing concern about the manner in which the State Police intervened against the protesters.
In a public statement, AHC says that, based on footage published in the media, the police intervention was accompanied by the use of physical force, escorting protesters to the police station and cases of dragging them, highlighting similarities with the protest held in Zvërnec about a month ago.
According to the organization, the right to peaceful assembly is guaranteed by the Constitution of Albania and the European Convention on Human Rights, while any restriction on it must be provided for by law, necessary and proportionate.
The Albanian Helsinki Committee also recalls that the jurisprudence of the European Court of Human Rights requires that state authorities show tolerance towards peaceful gatherings and that the use of force should be a measure of last resort. According to the AHC, the dragging and use of physical force against protesters raises concerns in relation to the protection of the dignity and integrity of the person.
The statement states that, given that the protests held over the past month have been generally peaceful, any use of force should have been strictly proportional and in accordance with the law "On State Police".
AHC calls on the authorities to guarantee the effective exercise of the right to peaceful protest, to respect constitutional and international standards on the use of force, and to ensure respect for procedural guarantees for every person escorted.
At the same time, the organization urges the Prosecutor's Office to independently and effectively investigate any allegations of excessive use of force by State Police officers. AHC also calls on the organizers and participants in the protest to exercise their right to peaceful protest and to avoid any action that could escalate the situation.
Full statement:
Dear Sirs,
Based on the footage made public in the media[1], the Albanian Helsinki Committee (AHC) expresses concern about today's incidents in front of the Assembly of the Republic of Albania, where the police intervention was accompanied by the use of physical force, the escorting of protesters to the police station and footage showing the dragging of protesters, with similar elements from the footage of the Zvernec protest a month ago, where a protester was dragged by two civilians.
The right to peaceful assembly is guaranteed by Article 47 of the Constitution and Article 11 of the European Convention on Human Rights. Any limitation of this right must be provided for by law, necessary and proportionate, referred to in Article 17/1 of the Constitution, and must not violate the essence of human rights and freedoms nor exceed the limitations of the ECHR, referred to in Article 17/2 of the Constitution.
AHC notes that the European Court of Human Rights (ECtHR) has consistently held that state authorities must show a degree of tolerance towards peaceful assemblies and that force is a last resort (Kudrevičius and Others v. Lithuania [GC], 2015; Oya Ataman v. Turkey, 2006). The use of force and physical force against protesters raises concerns under Article 25 of the Constitution and Article 3 of the ECHR, which protect the dignity and integrity of the person. The ECtHR has reiterated that respect for human dignity is also essential in the way police authorities treat citizens (Bouyid v. Belgium [GC], 2015).
AHC assesses that since the protest for about a month has been generally peaceful, as has been widely reported in the domestic and international media, any use of force should have been a measure of last resort and strictly proportional, in accordance with Law No. 82/2024 "On the State Police".
AHC calls on the authorities to guarantee the effective exercise of the right to peaceful protest, to respect conventional and constitutional standards on the use of force, to avoid forms of restriction of liberty, and when they are applied as a last proportionate measure, to ensure that every person accompanied is respected by legal procedural guarantees. AHC calls on the prosecution body to investigate independently and effectively any allegations of excessive use of force by protesters.
At the same time, AHC calls on organizers and participants to exercise their right peacefully and to avoid any action that escalates the situation.
With consideration,
Albanian Helsinki Committee
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