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| European Court of Human Rights building, Brusseles, June, 2019 |
The European Court of Human Rights stated on Tuesday that in the investigation of the violent events on January 21, 2011, where four protesters were killed during an opposition demonstration, numerous deficiencies were observed, raising suspicions that the authorities had attempted to divert or unjustly interfere, VOA reports.
In a unanimous decision, a Chamber composed of 7 judges concluded that there were two violations of Article 2 (right to life and right to an effective investigation) of the European Convention on Human Rights, in the case of Aleks Nika, one of the killed protesters. Unlike the three other victims shot with firearms near the Prime Minister's office, Aleks Nika was on the other side of the boulevard when a bullet hit him in the head.
The court ruled that under Article 46 (binding force and execution of decisions), the authorities must continue efforts to clarify Nika's death and identify and punish those responsible.
Investigation
The Chamber found that the issue of the potential responsibility of the chain of command had not been clarified by the relevant investigation, which focused on the individual responsibility of the Guard officers rather than the sequence or nature of orders that may have been given by the Guard's chain of command.
The decision highlights the early statements of high-ranking officials at the time that "the victims were shot from close range and with types of weapons different from those used by the Guard and the police." While the attacks against the Attorney General Ina Rama, who "was subjected to harsh criticism from the then Prime Minister (Sali Berisha) and a parliamentary investigative commission that had started work simultaneously with the criminal investigation... had a negative impact on the effectiveness of the investigation, especially because of the potential to discourage witnesses from cooperating with the investigation."
The European Court also notes that the orders to detain the suspected Guard officers were not implemented by the police. "The officers surrendered 18 days later, which caused a delay at a critical stage, as well as the possibility of minimizing cooperation or distorting the truth."
Another deficiency in the investigations is the deletion of video recordings of the incident, stored in the Prime Minister's server room. The court also states that "it found that the authorities had not promptly conducted the autopsy on the victim's body, and Nika's family was denied access during the investigation, a claim that the Government could not refute with evidence."
Considering the overall circumstances, the Court concluded that "the investigation of the case was not effective as it failed to establish the truth or lead to the identification and punishment of responsible individuals, constituting a violation of Article 2" of the Convention.
The Murder
The Court revealed three main groups of shortcomings in the use of force that led to Aleks Nika's death.
"Firstly, at that time, there were deficiencies in the legal framework regulating the use of firearms in the context of mass gatherings," the Court wrote in its decision, adding that it identified "serious defects in the planning and control of the protest, despite the authorities having had time to prepare as they were notified several days in advance."
The Court also highlighted in particular that "there were no clear instructions for the use of lethal force or for crowd control, and proper coordination was lacking between the Guard of the Republic and the police, as well as a clear chain of command."
In conclusion, the Court considered that "the authorities did not demonstrate that the use of lethal force resulting in the death of the complainants' relatives was absolutely necessary in the circumstances of the case. The Court cannot accept the argument that the defense of a building in itself constituted a legitimate basis for the use of lethal force. Even if the argument were accepted that the officers fired in the air as a warning, it is difficult to imagine that the gunshot in a careful corner would have hit Aleks Nika in the head, even as a result of a bullet ricochet, while he was standing near the sidewalk in front of the Prime Minister's office."
Reactions
In the evening, during an interview on Report TV, Prime Minister Edi Rama described the decision of the European Court of Human Rights as "something extraordinary." "Today, the Strasbourg Court has sided with the Nikaj family and has effectively overturned the process that took place in Albania for January 21. That means it has opened the way for the missing investigation into the chain of command. Today, a European supreme court said that unjustified deadly force was used. And specified that the process made by leaving this work to individuals is a process that is not considered right. It speaks clearly about the chain of command. The government killed on January 21," said Mr. Rama.