Albania found guilty on violations of Article 2 of the European Convention on Human Rights – a precedent for accountability.

The case of Nika v. Albania, adjudicated on 14th November 2023, centers around the unjustified use of lethal force by Albanian State agents during a political protest, resulting in the tragic death of A.N., the relative of the applicants. The judgment falls within the purview of Article 2 of the European Convention on Human Rights, which safeguards the right to life.
The facts of the case reveal that on 21st January 2011, National Guard officers employed lethal force during a political protest in front of the Albanian Prime Minister’s office, leading to A.N.’s death from a gunshot wound. The subsequent investigation faced multiple deficiencies, including hasty public statements, criticism of the General Prosecutor, delays in executing arrest warrants, and the erasure of crucial video recordings. Seeking compensation, the applicants, A.N.’s wife and daughters, were ultimately awarded damages.
In the procedural limb of Article 2, the Court identified general shortcomings in the early stages of the criminal investigation, casting doubts on the commitment of executive authorities to a thorough inquiry. Failures in investigating commanders’ responsibility, the possibility of demonstrators being targeted, and the absence of inquiry into planning and coordination failures were noted. Specific deficiencies in A.N.’s death investigation, such as the lack of a forensic examination, further undermined the overall effectiveness of the investigation.
In the substantive limb of Article 2, the Court questioned the justification for using lethal force to protect property, emphasizing the absence of clear legislative conditions. It deemed the use of lethal force during the protest unjustified, as the officers failed to establish a serious and immediate danger. Criticizing the absence of precise instructions, coordination, and planning in policing operations, the Court highlighted deficiencies in the legal framework and a disproportional use of force.
The unanimous conclusion of the Court was a violation of Article 2, both procedurally and substantively. The judgment underscored deficiencies in the legal framework, serious planning defects, and a failure to demonstrate the absolute necessity of deadly force. Emphasizing the inadequacy of the investigation, the Court called for effective measures to identify and punish those responsible. While refraining from specifying general measures, the Court urged continued efforts in the ongoing criminal investigation to elucidate the circumstances of A.N.’s death.
In essence, Nika v. Albania serves as a poignant reminder of the imperative to uphold the right to life and the responsibility of state authorities to conduct thorough, transparent, and effective investigations in cases of lethal force. The judgment sets a precedent for accountability and underscores the necessity for systemic reforms to prevent such tragic occurrences in the future.