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Use of
Physical or Psychological Violence is Intolerable and
Punishable
June 19, 2006
According to press reports, on June 17, 2006, juvenile
Amarildo Përfundi, a third-year student at the high
school of the Pirg village in Korçë put an end to his
life. The Albanian Helsinki Committee wishes to
express its condolences to the family of the deceased
and, at the same time, expresses concern over the young
man’s loss of life.
In spite of circumstances and motives that led the
victim to this painful tragedy, AHC appeals to the
Korçë District Prosecutor to give priority to the
unbiased investigation of this case, verifying to the
end and comprehensively the claims of his parents that
the victim was maltreated by police forces.
On this occasion, AHC wishes to bring to the attention
of the public and responsible institutions that in
recent years, citizens’ complaints for use of violence
by police officers have not been scarce.
Without being prejudiced on the case of the victim A.P.,
considering he was a juvenile who decided to put an end
to his life, deems it necessary to point out the
legal obligations stemming from Albanian legislation and
the international one ratified by Albania regarding the
treatment of juveniles coming in contact with police and
justice bodies, in spite of their position.
In any case and for any case, police officers, judicial
police officers and agents are obliged to show
special care toward juveniles suspected of
having committed any penal offence, who may be witnesses
or victims of a crime, by rigorously enforcing Penal
Procedure Code norms and legislation on juveniles.
The juvenile’s family claimed there were marks of
violence on their son’s body. AHC, without being
prejudiced toward these claims, wishes to cite the
decision of the European Court of Human Rights in the
case “RIVAS vs. FRANCE”, whereby it says “when a
person is under police custody, the state takes upon
itself the positive obligation to ensure his wellbeing.
This principle is a fortiori (even more)
applicable to juveniles. Any harm inflicted during
police custody is automatically charged to the state
except for when the Court is convinced that the latter
offered an acceptable explanation to refute this
presumption”. In fact, the European Court of
Human Rights views as inhuman and degrading the
treatment that inflicts physical and mental suffering,
and, considering the age, creates in a juvenile the
feeling of fear, anxiety, and inferiority, such that
would despise and subdue him and possibly break his
physical and moral resistance.
According to article 49 of the Penal Procedure Code,
when the person has not reached the age of 18 years, he
is necessarily assigned a defender and questioning
should take place in his/her presence. Furthermore,
police bears the obligation to notify family
members or relatives immediately upon the juvenile’s
detention and the juvenile is informed about the reasons
for the detention, his rights, and the possibility of
psychological and legal assistance.
This legal obligation is also provided for in
international legislation. Concretely, article 10 of the
United Nations Standard Minimum Rules for the
Administration of Juvenile Justice: “Upon the
apprehension of a juvenile, her or his parents or
guardian shall be immediately notified of such
apprehension, and, where such immediate notification is
not possible, the parents or guardian shall be notified
within the shortest possible time thereafter.” Further
on, “Contacts between the law enforcement agencies and a
juvenile offender shall be managed in such a way as to
respect the legal status of the juvenile, promote the
well-being of the juvenile and avoid harm to her or
him...”. This is important as contact may
have a deep impact on the juvenile’s attitude.
AHC calls upon the Ministry of Interior,
particularly the State Police to:
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Accurately respect the law and
treat any person coming in contact with them with
dignity and according to the law and their age.
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Show care for all persons in
contact with them, whether they are suspects,
perpetrators, or witnesses.
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Show more care and attention
to juveniles and crime victims.
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Not allow the existence among
their ranks of police officers who still use
physical and psychological violence.
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