wounding of police officers, in some cases administrative and criminal impunity of perpetrators
of violence, etc.
Through the beginning upon initiative of cases made public in the media for the exercise
of physical violence against citizens by the employees of the State Police in the police premises
or outside them, after comprehensive investigation of these cases, it was recommended the
initiation of the investigation for the offense of “Committing arbitrary actions” as provided by
Article 250 of the Criminal, for 9 cases. People suspected in committing this offense were
mainly directors of the State Police such as Deputy Director of Police, chiefs of police stations
and police employees of the basic role. There is innovation in terms of the approach taken by the
Ombudsman in order to expand investigation in connection with the responsibility of other
persons present during the use of violence by officials of the Police to the detriment of citizens.
Given the legal obligation of police employees, who had not taken action to stop unlawful
situation, the Prosecution body was recommended the beginning of criminal charges against
them “Failure to take measures to stop unlawful situation”, provided for by Article 291 of the
Criminal Code.
In handling cases of complaints of prisoners or pre-trial detainees, when physical
violence was exerted to them by employees of Prison Police, we can mention the cases of
maltreatment of a prisoner at “Zahari” IECD Krujë, by police officers of the General Directorate
of Prisons, or a prisoner of Durrës IECD by the police intervention group. While many of the
criminal cases initiated by the Prosecutor's Office on the basis of recommendations of the
Ombudsman are ceased or even when they are accepted and an investigation is initiated, the legal
qualification of the offense is changed from torture to the execution of arbitrary actions, because
the latter provides more lenient sanctions and types. For this reason, the Ombudsman Institution
recommended to the Director of State Police to:
Carry out a thorough analysis of this phenomenon, the issuance of contributing factors
and setting specific tasks for its prevention.
Generalization of the cases of violence and measures given on their authors.
Improving the curriculum of Police Basic School and the High School of Security
(Police), giving priority and enriching it with more themes, for the recognition and strict
adherence to human rights.
Directors of State Police in central and local levels should work more with officials in
order to enable their presentation with the national and international normative acts in the
field of human rights and especially with the the content of the Criminal Code provision,
as amended, for the Offense of “Torture”. They should take all the organizational
measures that legal infringement, which is made by certain individuals at police
authorities be prevented and if it happens, it should be immediately denunciated to the
competent authorities.
The Directors of State Police should be positive examples for their subordinates in public
as well, regarding the correctness in performing tasks, the implementation of laws and
especially with regard to respect for human rights, and treatment with dignity of citizens,
whether they are offenders or not.
Ongoing training in the psychological aspect for employees of the State Police in order to
enforce the rules of conduct and ethics in the performance of duties, and maintaining
peace and control in their actions while performing their legal duties even when verbally
or physically challenged, by different people.
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