hospitalized in the surgery unit of Shkodër Regional Hospital, as well as by the medical card of
the citizen, B.M, formulated by doctors of emergency unit and surgery unit, on 08.08.2015, and
also by the act of forensic expertise, articulated by the forensic expert of the Forensic Service of
Shkodër. According to the complainant and some declared persons, the violence against him was
made because of vengeance, as he allegedly moved the mechanism of discharging the vehicle/
truck causing the delay of police activity and causing risk to police personnel and vehicles
following/tracking him from behind.
At the conclusion of the administrative examination and investigation of this case and the
documentation administered by us, we concluded that police officer A.P has exercised physical
violence against the citizens B.M. at the moment of his arrest and during his stay in the escort
room of Shkodër Police Station. The complainant has suffered physical and psychological
consequences from this behavior of being violently punched and knocked by the police officer
A.P.
The actions of the police officers of the Police Directorate of Shkodër District, with the initials
A.P, are contrary to the Article 133 of Law No. 108/2014 "On State Police", and his intention
was to punish him because he is not obeyed to their orders, and with his actions or lack of
actions, he caused delays in the performance of the police. The complainant is deprived of the
fundamental right guaranteed by Article 25 of the Constitution and Article 3 of the European
Convention for the Protection of Human Rights and Fundamental Freedoms, for not being
subject to torture, or cruel, inhuman or degrading treatment and punishment.
At the conclusion of the review of this case, we concluded that, such action committed by the
officer of the Police Directorate of Shkodër District, with initials A.P, contains elements of the
criminal offense of "committing arbitrary actions", carried out in complicity as provided by
Articles 250 and 25 of the Criminal Code. This offense is committed in the quality of a state
function as an employee of the State Police and during the exercise of this duty at the Police
Directorate of Shkodër District, through committing of an arbitrary and unlawful action in the
detriment of the right of the complainant for protection of his physical integrity guaranteed by
normative acts in force. This action is done with the special quality of an individual subject as an
employee of the State Police, with direct intentions and full conscience that his act was unlawful
and not in line with the normal fulfillment of his duty.
As above, it was recommended:
1. The initiation of criminal prosecution against the citizen A.P, with the duty of the State
Police officer, operating personnel of the District Police Directorate of Shkodër for the
criminal offence of “commission of arbitrary actions”, provided for in article 250 of the
Criminal Code.
6. Recommendations delivered on the basis of Inspections conducted during 2015 in
the Armed Forces
72
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