In Albania probes begin to ignite tear gas in protest

The ombudsman institution has carefully monitored the gathering of citizens on the 1602.2019, as well as the bringing of our law enforcement authorities during and after the development of this rally.

An expanded team of ombudsman experts has been committed to closely pursuing developments by conducting all necessary verifications in line with the mandate sanctioned by the Constitution of the Republic of Albania for the ombudsman institution.

At the conclusion of the monitoring, the ombudsman has found that the February 16th protest has generally developed within normal standards of a peaceful rally.

Citizens have been present in numerous numbers and ) except for a small and isolated number of individuals in an overwhelming majority, citizens have appeared calm and unbecoming in threatening acts of order, tranquillity and public security.

The ombudsman appreciates that no matter how insignificant the number of citizens who ignore the law and engage in violent acts, the violation of public property and actions contrary to security and public order are incompatible with the constitutional right of protest and damage not only public wealth but also the right of other citizens to protest peacefully.

However, the role of the ombudsman concerns ensuring the conduct of state authorities in respect of law and citizens' civil rights.

From preliminary verifications of the monitoring team, it has been found that the law enforcement forces in general managed the protest with regularity, without engaging in violent exercise on protest citizens.

However, even in complaints coming from citizens present at the protest, the ombudsman has raised questions about the proportion of the use of lolligenous gas or even other explosive devices that were thrown by law enforcement forces over the mass of citizens during the protest.
The ombudsman, dated 17/2/2019, has addressed official requests to State Police and Republican Guard authorities to provide clarifications on the type, quantity, concentration, composition, and background of these substances.

The ombudsman has also sought to be officially informed of the official protocol implemented in the use of these subjects, under which the proper amount is administered for a certain number of citizens and other data that will determine whether the amount used by the rule forces aimed only at neutralising the small group of offenders, or instigating and deprived a large number of peaceful protesters from exercising their constitutional law for rally.

Similarly, the ombudsman has officially followed the procedures of banning a number of participants in the gathering by legal bodies during the following evening hours.

Representatives of the institution have received information to the State Police governing authorities and have made available the accompanying documents through which these arrests have been carried out.
The ombudsman has requested and has been allowed to hold meetings with all 16 citizens banned from the State Police after the rally ended.

Asked individually by the ombudsman, 15 of the citizens have not voiced claims of violence or of violating standard procedures followed by the State Police in their ban.

On one occasion, especially citizen F.H. has reported a series of violations by the State Police during its detention operation, whose film footage has also been published in several media.
According to citizen statements, but also film footage published in the media, a large number of police forces have been committed to conducting the evening-hour ban in his apartment. According to the ombudsman, this disproportionate report, the commitment of such high number of law enforcement members to simply arrest a single citizen, could constitute a form of unnecessary demonstration of depression.

F.H. It has also denounced that the introduction of the rule forces violently without requiring previously even normal access to domestic environments is in violation of standard procedures. Especially is the exposure of weapons inside the apartment and in the presence of its minor children, as well as the use of insulting and degrading words against it constitutes violations of the law by effective officers who have executed the arrest order. According to statements, the citizen's wife as well as both minor children 12 and 5 have suffered psychological shocks from this unnecessary manifestation of brutality.

As from the question of citizens F.H. as well as the film footage released in the media, it turns out that the behavior of effective perpetrators who have executed the arrest mandate is contrary to the prevention and association procedures, and not only that, but also results in verbal and physical violence.

After being sent to the DVP association environment of Tirana, the citizen has been visited by the doctor of this institution, who has recommended being sent to Trauma Military Hospital to get medical help because his attacks on the skull behind his ears were life threatening. After the doctor's recommendation he was sent to the Military Hospital and conducted corresponding examinations between which the scanner was developed and the serum received. After completing his examinations, he was accompanied to DVP Tirana, where the Judiciary Police Officer close to his lawyer has communicated the arrest to the flagging.

Meanwhile, it was found that the police institution's doctor had made a note in the registry of visits of arrested persons/revented by reflecting his claims of exercising physical violence, as well as the consisting of hematomas in the back of the right ear.

Also, according to statements by the district attorney F.H. and his family, a check has been conducted in their apartment (also followed by a second in the hours of the night), which no justistic documentation has been presented.

On the part of the ombudsman, further administrative investigative actions will continue, asking the effectives who have made association with the citizens of F.H., as well as possible witnesses who are aware of his claims, as well as related documentation and other persons from the Tirana Police and Prosecutor's Office.
Beyond verbal and physical violence recorded in film footage, medical reports and visual contact with the citizen F.H., verifying claims of violations of procedures in the ban on this citizen, and conducting checks contrary to the legal procedure envisioned by law seriously violates his constitutional rights/ Tch/Periscope