Albanian authorities should allow people to protest peacefully and they should exercise restraint when policing demonstrations, according to the Council of Europe Commissioner for Human Rights, Dunja Mijatović.
In a statement released today, she expressed concern at the escalation of clashes between police and protestors following the murder of Klodian Rasha by a policeman.
She noted that “disproportionate use of force has also been reported in relation to other demonstrations which took place in Albania earlier this year.”
“The response to the COVID-19 pandemic does not give authorities carte blanche to use force when policing assemblies,” says the Commissioner. In this context, she notes the use of water cannons, pepper spray and other forceful means which have led to the injuring of several protesters and large-scale detentions, including of children. “While the right to peaceful assembly may be restricted to protect public health, the authorities must uphold the principles of necessity and proportionality in all circumstances.
Mijatovic said that COVID-19 restrictions do not give the authorities the right to impose “blanket bans” on public demonstrations, nor does it give them the right to disperse them under the guise of preventative measures.
She continued:
“The police must also distinguish between individuals engaged in violence and those who demonstrate peacefully and refrain from heavy or indiscriminate use of force. Moreover, any detention of children should only be carried out as a measure of last resort and should fully respect their procedural rights, including the right to be questioned only in the presence of a lawyer or one of their parents or guardians.”
Police should be given special training including how to communicate and collaborate with participants, how to de-escalate tensions and the proportionate use of force.
The government, she added, should have “zero tolerance” for officers using excessive force and justice must be attained. Polie should also wear visible identification tags.
Lastly, the Commissioner is concerned about the detention of, and alleged assaults on, several journalists covering the demonstrations. “Attacks on journalists constitute a serious violation of press freedom and the right to be informed. The authorities must ensure that journalists can continue to inform citizens without fear of threats or acts of violence”.
