Call for independent investigation into detentions and use of force at protest in front of Parliament

The Albanian Helsinki Committee (AHC) has expressed deep concern over the way protesters were treated during yesterday’s demonstration in front of Parliament, where there were clashes and police intervention. Through an official statement, the organization demands strict respect for legal guarantees regarding police detention, arrest in flagrante, and the use of chemical substances.

Representatives of the AHC carried out a monitoring mission at Police Station No. 1 on July 23 and at the “Mine Peza” Security Block today, to check compliance with procedures regarding detained citizens. According to testimonies gathered from the protesters themselves, many of them were taken into police custody while standing on the sidewalk, without obstructing traffic, attempting to cross the metal barrier, or exercising any form of violence against officers. They claimed they were given no explanation for the reason for the detention and were handcuffed on the way to the station. Two of them alleged humiliating treatment during transport in the police car.

During inspection of the register of detained persons, the AHC noted that the reasons for the stop were generic, such as “violent acts” or “unlawful acts during the protest,” without specifying the exact legal cause, as required by Article 19/1 of Law No. 82/2024. In one case, a violation of the maximum time limit for detention set by Article 19/2 of the same law was even found.

Another concern raised relates to the ambiguity of the status of the detainees. According to documentation and statements of judicial police officers, the same individuals were simultaneously treated as persons in police custody, as persons under investigation, or as arrested in flagrante. The AHC emphasizes that the temporary measure of police detention, which lasts up to 5 hours, should be used as a last resort and not as a preliminary phase of criminal arrest. Questioning these citizens during the detention period as if they were persons with knowledge of the criminal offense conflicts with the guarantees of Law No. 82/2024 and Article 295 of the Criminal Procedure Code.

Of particular importance is the case of two protesters, a woman and a man with initials A.I. and O.P., who were arrested in flagrante inside the police station premises after the observers had left. According to the record, O.P.’s arrest occurred 6 and a half hours after the detention, while that of A.I. occurred 5 and a half hours later, openly violating the 5-hour legal deadline. They are accused of four criminal offenses, including striking police officers with pyrotechnic substances in collaboration. Both denied knowing each other and having committed violent acts. A.I., a mother of a minor child, and O.P., a father of six children, the youngest 3 years old, requested immediate verification of footage from public security cameras and police body cameras. The AHC considers their arrest illegal, emphasizing that the conditions of flagrante are not met and that the court must immediately assess the measure due to the irreparable impact on their private and family lives.

The monitoring also highlighted allegations of excessive and unannounced use of pepper spray. Several protesters reported severe burns, while media footage shows that its effects also impacted vulnerable groups, including a woman and a child with disabilities. These circumstances call for an independent investigation to see whether the principles of necessity and proportionality were respected.

Another serious episode involves the detention of a journalist from Citizens.al, who was on duty. Although she identified herself and was carrying filming equipment, she was taken to the police station without her identity being verified on the spot, causing unnecessary deprivation of liberty. Furthermore, she was asked to provide information about sources, an action contrary to the journalist’s right to protect the source of information.

Also, the case of a young female protester with initials J.A. was noted, who claims she was taken into custody simply because she was filming the protest. She and two other women stated that they were pressured at the station to delete footage from their mobile phones. If these claims are verified, they constitute a serious violation of freedom of expression and the right to document the activities of public institutions.

During the visit to Police Station No. 1, the AHC found poor hygienic-sanitary conditions for the detainees and a lack of sufficient judicial police officers to handle the high number of around 20 detainees by 5:00 p.m. This psychologically aggravated situation increases the risk of violating deadlines and procedural rights.

The AHC also received information that five police officers were injured during the protest and that cases of throwing pyrotechnic substances at them are being investigated. The organization reaffirms that any act of violence against officers is unacceptable and perpetrators must face justice.

In conclusion, the Helsinki Committee addresses the State Police, the Police Oversight Authority, the Prosecution, and the Tirana Judicial District Court with a series of demands. They include the immediate and prompt verification of the legality of every police detention and arrest; an independent investigation into allegations of disproportionate use of force and pressure against detainees; ensuring respect for legal deadlines; respect for the right of journalists and citizens to document events of public interest; and the conduct of an impartial and transparent investigation into violence exercised against the police, as well as that by them.

Emphasizing the obligations under Article 3 of the European Convention on Human Rights, the AHC reminds that allegations of ill-treatment place the burden of proof on authorities to provide convincing explanations about the origin of injuries. For this reason, it is strongly recommended that police body cameras remain continuously activated throughout the entire intervention, including moments of use of chemical substances, detention, and transport of citizens.