5.  The applicant was born in 1983 and lives in Pogradec.
6.  According to the applicant, on 6 August 2012 he witnessed a violent verbal altercation between N.P., a relative of his, and A.S. in one of the main streets of Pogradec. The applicant’s intervention to calm down N.P. and A.S. was unsuccessful. The verbal exchange became increasingly heated and ended in the use of physical violence.
7.  After the eruption of the physical violence, a special police unit of the Rapid Reaction Force (Forcat e Ndërhyrjes së Shpejtë, hereinafter “the RRF”) intervened to put an end to the violence. As a result, the applicant and the other two individuals were taken to the local police station. In his application form, the applicant submitted that he had sustained injuries as a result of the police intervention, and that on the way to the police station he had been insulted, threatened and ill-treated by RRF police officers. His requests to be taken to a hospital to receive medical treatment had gone unanswered.
8.  The relevant criminal file, which was submitted by the Government as part of their observations, indicated that two investigations had been opened into the criminal offence of the commission of arbitrary actions by a person vested with public powers in the exercise of his duties, as provided for in Article 250 of the Criminal Code (Kodi Penal, hereinafter “the CC”).
9.  A patrol report (raport shërbimi) drawn up by the RRF officers’ team leader, V.B., and dated 6 August 2012 stated that RRF forces had been informed of a violent physical dispute in one of the main streets of Pogradec at around 7.40 p.m. As a result, they had intervened and taken three people to the local police station. According to the report, N.P. and the applicant had physically and verbally resisted the RRF officers. The report further stated that the applicant had sustained an injury to the back of his head.
10.  The escort record (formulari i raportit të shoqërimit) in respect of the applicant, which bore the date 6 August 2012 and the time 8.10 p.m., stated that “he was bleeding from the back of his head and physically and verbally resisted the police officers.”
11.  It would appear that on 6 August 2012 at 8.30 p.m. the applicant telephoned a certain N.L., who was a judicial police officer working for the Minister of the Interior’s Internal Control Service in Pogradec (Shërbimi i Kontrollit të Brendshëm, hereinafter “the ICS”), and informed him of his intention to lodge a criminal complaint against the RRF officers who had allegedly beaten him on the shoulder, leg and head with a rubber truncheon.
12.  On 7 August 2012 N.L. took a statement from the applicant, who stated that he had intervened to break up a brawl between A.S. and N.P. At that moment RRF officers had arrived at the scene. The RRF officers had subsequently intervened without assessing the situation, and had beaten him with a rubber truncheon on the head, shoulder and legs. Consequently, he had sustained an open wound to his head. He had been forcibly put into a police vehicle, where he had been subjected to psychological pressure and insulted by the RRF officers, and subsequently taken to Pogradec’s police station together with N.P. and A.S. He had stayed at the police station for four hours, and the authorities had not offered him any medical aid, despite the wound on his head and other injuries to his shoulder and leg which he had sustained (see also paragraph 38 below). The applicant further stated that a certain M.S. had been present at the scene.
13.  On the same day N.L. took a statement from A.S., who stated that he had met N.P. and had asked to be paid for work he had carried out in N.P.’s café bar. N.P. had made a telephone call to the applicant for help. After some moments the applicant had appeared at the scene. As they had not agreed on the sum to be paid, the applicant and N.P. had engaged in a brawl with A.S. After the RRF officers had intervened, the applicant and N.P. had objected to the orders given by the officers to get into the police vehicle, and had not complied with those orders. In A.S.’s view, the actions of the police officers had been lawful (see also paragraph 31 below).
14.  On the same day at 12.20 p.m. N.L. contacted V.B. by telephone. As recorded in the patrol report (raport shërbimi) drawn up on 7 August 2012, V.B. stated the following:
“Petri Pihoni, A.S. and N.P. had been involved in an argument. They [the RRF officers] were called upon to put an end to the argument, which had become more intense. In such circumstances, we [stopped them from arguing] and took them to Pogradec police station in the police vehicle. ... I would point out that N.P. and Petri Pihoni verbally and physically resisted us as they were taken to the police station. From the outset, it was noted that Petri Pihoni had sustained an injury to the back of his head (Shtetasi Petri Pihoni që në momentin e pare të konstatimit nga ana jone ishte i dëmtuar në pjesën e pasme të kokës). A patrol report was drawn up in relation to this event, which we will make available.”
15.  On 7 August 2012 N.L. drew up a record for the inspection of documents relating to the registration log (libri i marrjes së informacionit` dhe dhënies së urdhrave) of the local police station. The record contained entry no. 270, according to which V.B. had reported the dispute on 6 August 2012 at 8.10 p.m., and three people, namely the applicant, A.S. and N. P., had been taken to the police station.
16.  On 10 August 2012 N.L. referred a criminal offence to the Pogradec prosecutor’s office. His report described the events as mentioned in the statement made by the applicant on 7 August 2012 (see paragraph 12 above) and the statement made by A.S. on the same day (see paragraph 13 above). The report also referred to the registration log of the police station and the telephone conversation N.L. had had with V.B. (see paragraph 14 above). N.L. had been unable to question the RRF officers, as they had left for Tirana on the morning of 7 August 2012.
17.  On 10 August 2012 the Pogradec district prosecutor (hereinafter “the district prosecutor”) opened criminal file no. 303 in response to the information transmitted by the ICS for a preliminary investigation into the offence of the commission of arbitrary actions as provided for in Article 250 of the CC.
18.  On 13 August 2012 the district prosecutor ordered that a number of procedural actions should be taken, such as: the examination of a forensic medical report in respect of the applicant (see paragraph 20 below), the questioning of the applicant, the examination of the four people who had knowledge of the events, the collection of information about the identity of the RRF police officers, and any other action as appropriate.
19.  On 3 September 2012 the Pogradec prosecutor’s office opened criminal file no. 347 in response to a criminal complaint lodged by the applicant on 8 August 2012 against the RRF police officers in relation to the criminal offence of the commission of arbitrary actions as provided for in Article 250 of the CC. The applicant’s criminal complaint stated the following:
“... at the time I intervened to break up the fight [between N.P. and A.S.], Rapid Reaction Force officers, without enquiring about the situation, came from behind and physically attacked me without any warning, beating me with hard objects on my back, legs and head, also causing a wound which was later treated at the hospital. At the time I was physically attacked, I told police officers not to use any violence, as I was not part of the dispute and had simply intervened to prevent it.
... despite my statements, and without enquiring about the situation, they took me by force and used psychological pressure [by threatening me with] the rubber truncheon as I was taken to the local police station. After [I asked them] not to insult me and exert pressure on me, the team leader said, ‘we’ll see to you, shut up and give me your name’ (ta tregojmë neve ty po qepe dhe më jep emrin këtu). No medical aid was offered to me, despite the serious injuries which I had sustained. It would appear that the RRF officers had come from Tirana.”
20.  The applicant had submitted a forensic medical report (no. 204) dated 7 August 2012, which had been ordered by N.L., the judicial police officer, in support of the criminal complaint. The medical examination had found that the applicant had been injured by a hard, blunt object (mjet i fortë mbretës), which had caused a wound requiring stitches, three scratches (dërrmishje), an oedema and an ecchymosis. The above injuries had resulted in the applicant being unable to work for nine days.
21.  The district prosecutor decided that further investigation was required in order to identify the perpetrators and determine criminal responsibility in respect of the offence of the commission of arbitrary actions under Article 250 of the CC. On 3 September 2012 the district prosecutor ordered that a number of procedural actions should be taken, such as: the inspection of the registration log of the police station, the collection of information about the identity of the RRF police officers, the holding of an identification parade to identify the police officers, the taking of statements from the applicant and other people who had knowledge of the events, and any other action as appropriate.
22.  On 6 September 2012 the applicant made another statement in which he said that he had seen a group of police officers wearing uniforms of the State police getting out of a police car, but had not noticed when they had arrived at the scene. Afterwards he had been beaten with a rubber truncheon on the head and on the back of his body. He was unable to name any of the police officers, given the events, but stated that he would be able to recognise them at an identification parade. He had noticed that they were part of an RRF unit. In spite of his explanations that he was a bailiff, he had been pulled by the arm and put inside a police vehicle and taken to the local police station. On the way to the police station one of the police officers had remained standing with his arm raised, ready to hit the applicant with the rubber truncheon he had in his hand. No reasons had been given to the applicant for his detention at the police station. Despite the fact that he had been bleeding from the back of his head as a result of blows received from rubber truncheons, no medical assistance had been offered. He had been released from the police station at around 11.15 p.m., after which time he had gone to hospital to receive treatment. He stated that the events might have been recorded by the security cameras of a nearby bank.
23.  On 10 September 2012 the district prosecutor requested that video footage be provided by a nearby bank whose security cameras were believed to have registered images of the events of 6 August 2012. On 14 September 2012 the bank submitted video footage on a CD-ROM. A record dated 30 January 2013 on the examination and collection of evidence recorded an expert’s findings to the effect that the video footage was not relevant to the investigation (nuk paraqesin asnjë interes për hetimin).
24.  On 10 September 2012 the district prosecutor asked the local police station to provide information relating to the identity of the RRF officers who had been on duty in Pogradec on 6 August 2012. On 17 September 2012 the Pogradec police station responded that the RRF team had been led by V.B., who was responsible for disclosing the information relating to the identity of the members.
25.  On 18 September 2012 the district prosecutor decided to join both criminal files under file no. 303.
26.  On 18 September 2012 the district prosecutor ordered that a number of procedural actions should be taken, such as: questioning of the applicant, inspection of the registration log of the police station, inspection of the registration log of the local hospital’s emergency ward, examination of the forensic medical report in respect of the applicant (presumably the report set out in paragraph 20 above), collection of information about the identity of the RRF officers, questioning of four people who had knowledge of the events, examination of video footage from the nearby bank, and any other action as appropriate.
27.  Most likely on 17 October 2012, although the date on the record reads 17 January 2012 (17/01/2012), A.E., who owned a bar close to the site where the brawl had taken place, made a statement. He stated that two people had been having a fight with a third person. RRF officers had intervened to break up the fight. They had not used any rubber truncheons, in spite of the resistance shown by some of the people put into the police vehicle.
28.  On 7 November 2012 a judicial police officer inspected an order for the deployment of RRF forces (urdhër për daljen me shërbim). According to that order, a team of six RRF police officers from Tirana, led by V.B., had been made available to the local police station to assist with random patrols during the busy summer season.
29.  On 13 December 2012 N.P., one of the parties involved in the fight, stated that he had sustained blows from a rubber truncheon used by the RRF officers. They had forcibly put him, the applicant and A.S. into a police vehicle. The police officers had not introduced themselves when they had arrived at the scene, and had not warned any of them by saying “Stop, police”. On the same day Ni.P., a relative of the applicant and N.P., stated that the RRF officers had used rubber truncheons on the applicant, N.P. and A.S.
30.  On 4 January 2013 P.B., who had been on duty at the local police station on 6 August 2012, stated that the applicant and two other people (N.P. and A.S.) had been brought to the police station at 8.00 p.m., following the RRF intervention to break up a fight amongst them. None of those people had made any complaints. P.B. had provided them with a decision directing them to have a medical examination.
31.  On 15 January 2013 A.S. gave another statement and stated that he had been hit on his back by the applicant. As a result, he had reacted and hit back. The fight had continued for a few minutes and A.S. had targeted the applicant. N.P. had been been drunk and had collapsed on the ground (see also paragraph 13 above). On the same day J.K., an eyewitness and a relative of A.S., stated that the RRF officers had intervened to break up the fight, but had not used any force or hit the three people. A.S. had been hit on his back by N.P. Afterwards, he had been attacked by the applicant. A.S. had reacted and hit both of them back. He also stated that it had been N.P. who had made a telephone call to the applicant for help.
32.  On 21 January 2013 V.B., who had been the RRF officers’ team leader at the time of the events, gave a statement. According to that statement, on 6 August 2012 at 7.40 p.m. he and his team had been informed by a plain-clothed police officer that a brawl was taking place in one of Pogradec’s main streets. When the team had arrived at the scene, they had seen that seven to eight people were involved in a violent fight, hitting each other with blunt objects such as beer bottles and wooden sticks. Three of them (the applicant, N.P. and A.S.) had been the most aggressive. Two of them (the applicant and N.P.) had subdued the third person (A.S.) and were kicking him. The RRF officers had intervened, broken up the fight and escorted the three people to the local police station. The three people had claimed that they had sustained injuries, some of which were visible. As a result, N.P. had been taken to hospital for treatment. The applicant had subsequently been released.
On 7 August 2012, following instructions they had received, V.B. and his team had left Pogradec. On the same day V.B. had received a telephone call from a certain N.L., to whom he had given an explanation about the intervention (see paragraph 14 above). V.B. further stated that on 25 December 2012 he had complied with a summons to appear at the Pogradec police station to give a further explanation. Upon his arrival, he had run into the applicant, who had continued to watch him and his colleague closely at the police station for more than an hour. He had refused to take part in an identification parade, owing to the fact that he had not been informed of such a procedural action, he and his colleague had been the only police officers wearing distinct RRF uniforms, and the applicant had been observing them for more than an hour. In his view, an identification parade would have been contrary to the provisions of Articles 171 and 172 of the Code of Criminal Procedure (Kodi i Procedurës Penale, hereinafter “the CCP”) and decision (no. 7/2005) of the Constitutional Court.
33.  S.H., who was one of the RRF officers, had also complied with the summons to appear on 25 December 2012 at the Pogradec police station to give a further explanation. He had also declined to take part in an identification parade, for the same reasons as those mentioned above by V.B..
On 21 January 2013 S.H. gave a statement. In addition to confirming the facts set out in V.B.’s statement, he added that the applicant had actively resisted their order for him to get into the police vehicle. The applicant had also exerted psychological pressure on the officers, stating “You’ll see what I’ll do to you”. Given the circumstances, the police officers had been unable to use any equipment (rubber truncheons, automatic weapons or tear gas canisters) or handcuff the people inside the vehicle.
34.  On 21 January 2013 G.B., I.M. and A.D., who were the three other RRF officers, gave statements which contained the same information that had been provided by V.B and S.H. No mention was made of their being summoned to give explanations on 25 December 2012.
35.  On 22 January 2013 a judicial police officer inspected Pogradec police station’s registration log, according to which the applicant had entered the police station at 8.20 p.m. and had made no complaints (nuk kam pretendime). It would appear that the applicant had left the police station at 10.30 p.m. The registration log of the local hospital showed that the applicant had reported to the emergency ward at 11.00 p.m. with a wound caused by tearing and a contusion on the back of his head (vulnus laceratum, contusio capitis regionis occipitalis).
36.  On 13 February 2013 the district prosecutor decided that another expert report should be produced by a group of specialist doctors from the Forensic Medicine Institute (Instituti i Mjekësisë Ligjore, hereinafter “the  FMI”). That decision referred to the first forensic medical report (no. 204) which had been issued in respect of the applicant (see paragraph 20 above). It further mentioned that the RRF police officers had stated that they had not used any objects or equipment to break up the fight. It also referred to the statements given by A.S. and J.K., according to which A.S. had exchanged blows with both the applicant and N.P. In such circumstances, it was important to identify the blunt object that had been used to cause the applicant’s injuries as stated in the first forensic medical report.
37.  On 5 March 2013 the FMI informed the prosecutor’s office that they had been unable to identify the object that had caused the applicant’s injuries.
38.  On 12 April 2013, during questioning by a judicial police officer, the applicant stated, among other things, that he had not been involved in a dispute, nor had he been struck by A.S. or struck back at A.S himself. The applicant denied having received a telephone call from his relative N.P. for help. He confirmed that he had not been able to identify the police officers, since he had been hit from behind (see also paragraph 12 above).
39.  On 13 May 2013 the district prosecutor, by a reasoned decision, decided to stay the investigation in accordance with Article 326 of the CCP, and referred the case file to the ICS for further actions to identify the perpetrators. The decision described all the evidence that had been obtained, as well as the statements that had been given by the applicant and the other people who had either been involved in or had witnessed the brawl on 6 August 2012. In so far as relevant, the decision stated the following:
“J.K. gave information about the event, stating that Petri Pihoni had been involved in the dispute, having been informed [about it] by telephone by N.P. ... Petri had struck A., who had hit back in response ... the police officers had escorted A.S., N.P. and Petri [to the police station]. [J.K.] saw that both N.P. and Petri resisted the police officers by declining to get into the police vehicle ... [J.K.] confirmed that the officers’ actions were correct ... none of them touched or used force against them [A.S., N.P. and the applicant].
... A.E. was questioned in relation to the events. He runs a private business close to the site. His statement indicates that a physical dispute was taking place between three people. All the people were having a fight [by the time] an RRF police car arrived. The police officers called on those people to stop fighting, but they continued to have a fist fight until the officers intervened, pulled them by their arms and got them into the [police] vehicle. [A.E.] stated that he had not seen any officers using rubber truncheons.
...
Drawing on the facts and evidence collected during the course of [the investigation in respect of] criminal file no.  303, the result is that we are not confronted with the criminal offence of the commission of arbitrary actions as provided for by Article 250 of the Criminal Code.
... In the instant case, it was proved that Petri Pihoni was involved in a physical argument with some people. Despite his own statements, the statements given by A.S., J.K. and A.E. indicate that N.P. called Petri, who appeared at the scene and became involved in a debate about the sum that N.P. owed A.S. The debate escalated into a physical dispute in which Petri struck A.S., who hit back in response.
In such circumstances, the RRF officers witnessed a violent dispute and took the three people to the police station with a view to [their] giving explanations about its causes.
I consider that the officers’ actions ... are in compliance with (sections 4, 92, 95 and 96 of) the State Police Act and cannot be classified as arbitrary actions which affect the freedom of citizens.
As regards the criminal complaint that physical violence was used by the RRF officers when Petri was taken to the police station, I consider that doubts arise as to whether the offence of abuse of power as provided for by Article 248 of the CC has been committed. This is the case, given the injuries sustained by Petri, which may have been caused while he was escorted [to the police station] by RRF officers ...
During the investigation, Petri Pihoni was questioned on several occasions as to whether he could identify the RRF officers who might have struck him. He responded that he was unable to proceed with the identification [procedure] because the blows had come from behind and he was unable to identify the officer who had struck the blows.
The remaining evidence obtained during the investigation does not shed any light on this [incident]. Having regard to the fact that criminal responsibility is individual and not collective, I consider that the investigation should be stayed.”
40.  Having not received any response from the Pogradec prosecutor’s office about the progress of the investigation, on 27 December 2012 the applicant sought the assistance of the Albanian Rehabilitation Centre for Trauma and Torture (“the Centre”). On the same date the Centre unsuccessfully asked the prosecutor’s office to provide it information about the applicant’s case.
41.  On 11 May 2013 the Centre repeated its request to the Pogradec prosecutor’s office. It also complained to the Prosecutor General’s office that no information had been provided to the applicant about the progress of the investigation eight months after the incident. It does not appear that a reply was given.
42.  On 7 June 2013 the Pogradec prosecutor’s office informed the applicant that on 13 May 2013 it had stayed the investigation. A copy of the decision of 13 May 2013 was enclosed.
43.  On 27 November 2013 the Centre asked the prosecutor’s office to provide it with a copy of the investigation file. No reply was given.
44.  On 7 July 2017, under Rule 54 § 2 (a) of the Rules of Court, the Court asked the parties to submit any new factual information that might have come to light after the prosecutor’s decision of 13 May 2013.
45.  On 27 July 2017 the district prosecutor replied to the applicant that the investigation in respect of criminal file no. 303 into the criminal offence of the commission of arbitrary actions was still stayed, and the file was still with the Korca Police Directorate. The district prosecutor further informed the applicant that it had not been possible to identify the perpetrators of the criminal offence.
46.  On 6 September 2017 the district prosecutor, having regard to his decision of 13 May 2013, replied to the Government that no criminal offence of the commission of arbitrary actions had been committed. Furthermore, he informed the Government that doubts had arisen as to whether the offence of abuse of power had been committed. In any event, the evidence obtained had not shed any light in this regard. The criminal file had been sent to the ICS for further actions. The latter had not identified any need to reinitiate the investigation. It had not identified any new facts which had come to light after the proceedings had been stayed. The applicant had been duly informed about the outcome of the investigation.