Nika v. Albania (application no. 1049/17): lethal force and crowd control at the 21 January 2011 protest
Status: Judgment final; execution under Committee of Ministers supervision (Albanian communication dated 5 Nov 2024, per search summary)
Summary
The European Court of Human Rights found violations of Article 2 in the death of A.N. (Aleks Nika), who was shot during the 21 January 2011 protest in Tirana. The judgment is dated 14 November 2023 and was final on 14 February 2024, per a search summary. The Court found a substantive Article 2 violation (use of lethal force) and a procedural Article 2 violation (investigation).
As summarised from judgment excerpts on a secondary site (not checked against HUDOC), the Court said instructions on lethal force were very scant and that non-lethal means were clearly insufficient to disperse the crowd without recourse to potentially lethal measures (para. 168). It said no clear instruction was given on who could order lethal force, and that the warning was vague and imprecise (paras. 169-170). Paragraph 171 is cited for the finding that the lethal force used was not in compliance with Article 2.
The case concerns firearms, not rubber bullets or tear gas, but it is the main ECHR authority found on crowd control with lethal and less-lethal means in Albania.
Key facts
- Judgment: 14 Nov 2023, application no. 1049/17 (search results).
- Substantive Article 2 violation (lethal force) and procedural Article 2 violation (investigation).
- Paragraph numbers 167-171 are as cited on the policehumanrightsresources.org excerpt; not checked against HUDOC.
The record
Four lists kept apart on purpose: what is established, what is only alleged, what is still open, and what those concerned said.
What is proven (1)
Established by documents or official records, as stated in the research. A recorded charge or indictment proves only that the accusation was made.
- ECHR found violations of Article 2 in this case (court decision).
What is alleged (0)
Accusations, not findings. Those accused are presumed innocent.
Nothing recorded in this list.
Open questions (2)
- Confirm paragraph numbers on HUDOC.
- Whether the Committee of Ministers has closed execution.
Responses (1)
Responses of the people and organisations concerned, as recorded.
- Government accepted the force was disproportionate (as summarised on the policehumanrightsresources.org excerpt).
Timeline
Full timeline →Court
ECHR judgment Nika v. Albania: Article 2 violations (lethal force and investigation)
Court finds violations of Article 2 (substantive and procedural) in the death of a protester shot at the 21 January 2011 Tirana protest.
Connections
ECHR judgment, Article 2
Evidence: Judgment dated 14 Nov 2023 finds Article 2 violations (search results).
Sources for this record
Every source the research cites for this record, grouped by its source label. 3 sources.
Source label: VerifiedVerified · 3 sources
- Publisher
- Police Human Rights Resources
- Date
- 14 Nov 2023
- Publisher
- ECHR
- Date
- 14 Nov 2023
- Publisher
- UN, Eighth Congress on the Prevention of Crime (Havana, 27 Aug-7 Sep 1990); text hosted by University of Minnesota Human Rights Library
- Date
- 7 Sep 1990