The following is submitted to provide information to clarify the actions undertaken by the Kosovo Police (KP), on November 28, 2015, to provide objective information that address concerns raised by Amnesty International which have been reported in the media.  On that date the KP was engaged in providing a secure environment for Kosovo citizens to enjoy the Albanian Flag Day celebration and to maintain and protect public order, peace and public safety during a large simultaneous protest organized by Vetevendosje, AAK and NISMA, which was attended by a crowd of approximately 5000 persons. 

Kosovo Police (KP) recognizes the constitutional right of every person, group or citizen to express grievances through demonstration and to protest peacefully and democratically. Further, the Kosovo Police takes great care, based on legal procedures and operational planning, to maintain order and provide security and public safety for all its citizens, including the protesters.  The men and women of the Kosovo Police take their responsibilities seriously and willingly put themselves at risk ensuring all citizens are provided a safe environment to exercise their freedoms.  The reputation of the Kosovo Police, as one of the most trusted institutions in Kosovo, is the direct result of their tireless efforts to act with impartiality, professionalism, and transparency.

The KP has been engaged in numerous violent protests with supporters of Vetevendosje during 2015.  During each instance the KP has met its obligations with thoughtful planning, adequate staffing, proper restraint, patience and dignity in the face of violent attacks directed at Kosovo’s government institutions and at Kosovo Police Officers.  During this year, the KP has suffered 166 injuries to its officers as a direct result of the violent actions of protesters.  During these protests a total of 269 protesters were arrested.  The KP does not in any way condone the use of excessive force by its officers.  KP officers are trained to use the minimum amount of force necessary to overcome the resistance.   During these engagements, KP supervisors and managers have been present to ensure proper use of force protocols were being followed by KP officers.  Any person who believes he or she has a complaint regarding the conduct of a KP Officer at any time is encouraged to contact Kosovo’s Police Inspectorate’s free hot line: 080003333 or on-line at: http://ipk.rks-gov.net/?page_id=43.

After every critical incident, in which force is used by the KP, the Kosovo Police has two existing internal units that routinely are used to review the actions of the KP.  The actions of the officers, who participated in the arrests on Nov 28, 2015, are being reviewed by the KP’s Use of Force Review Commission and the KP’s Professional Standards Directorate.  Detailed findings of their reviews will be provided to the KP’s General Director for his review and any corrective action that might be appropriate.  His findings could result in additional training, counselling, discipline, suspension or termination of officers found to have acted inappropriately or who may have used excessive force. 

Referring to the developments on November 28th, the Kosovo Police, based on its legal duties and authorizations, and having in mind the importance of establishing a peaceful and secure environment for all citizens, planned and conducted operations in consideration of the following:
•    Thousands of celebrants would be drawn to Pristina for the festivities marking November 28th
•    A large crowd of supporters were expected to attend a protest organized by Vetevendosje, AAK and NISMA.  Protesters in numerous recent protests that were organized by these groups directed violence to Kosovo government institutions and to KP Officers, resulting in injury and damage to government buildings, property and equipment.
•     The KP would be responsible for complying with an existing Court Order to take into custody several individuals who the KP had reason to believe would be attending the protest.
•     The KP would be responsible for preventing, disrupting and defeating any acts of terrorism, radicalism or violent extremism from those who might wish to target a large crowd of innocent people.

Based on the above information, which the KP had developed during its risk assessment and operational planning development, the KP undertook all appropriate professional, preventive and reactive measures to ensure it could effectively carry out all of its duties and responsibilities.

Enforcing the law, guaranteeing public peace and order, freedom of movement and having a peaceful festive day were KP’s priorities, including the safety of all persons, as well as the prevention of damage of the public, private and state property. 

Kosovo Police, based on its planning, had a sufficient number of officers on duty, and in reserve, to protect public peace and order and to ensure a safe environment for which to conduct the protest that started at 1400 hrs.  The protest concluded peacefully around 1450 hrs with no incidents.

Kosovo Police, based on its legal duties and authorities, continued monitoring the situation and the implementation of duties and legal responsibilities, including legal obligations towards the implementation of the arrest warrants issued by the judiciary bodies.

Although the Kosovo Police possessed information that Mr. Albin Kurti – wanted on an arrest warrant issued by the Basic Court – participated in the protest, their situational assessment at the time prevented them from taking any direct action to arrest him in the area of the protest.  The KP wanted to prevent an escalation of the situation, and therefore did not undertake any action to approach him.
The KP did not interfere when Mr. Kurti was observed standing in the crowd during the protest, or when he gave a speech on-stage, or when he walked from the protest site to the Vetevendosje Headquarters – a distance of approximately ½ kilometer.  During those times, Mr. Kurti surrounded himself with citizens who posed a general concern for the KP that an attempt to arrest Mr Kurti in those situations could escalate into a violent confrontation which might cause injuries to his supporters, to innocent bystanders and to KP Officers.  The KP followed Mr. Kurti, and those providing security for him (who were linked arm-in-arm to prevent police intervention), to Vetevendosje’s Headquarters.

The Kosovo Police were denied entry into the Vetevendosje Headquarters after Mr Kurti and his supports entered.  Those inside the Vetevendosje Headquarters barricaded the entry doors to prevent the KP from entering. The KP followed established law enforcement doctrine by securing an inner perimeter at the entrance and exits for the building and establishing an outer perimeter to keep the area immediately adjacent to the building free of any protesters or bystanders who might interfere with the duties of the officers or become injured if the situation devolved into violence.  

A group of several persons, refusing to leave, stood in front of the VV HQ, protesting and obstructing KP officers in implementing their legal duties and authorization.  Based on their refusal to comply with lawful orders of the KP and their active resistance, several of them were arrested for obstruction and for their attack on police officers.

Based on the KP’s first-hand observation, Mr Kurti was within the premises of the VV headquarters, relevant police units in consultation and coordination with the competent prosecutor were obliged to enter the building in order to execute the arrest warrant.

The Kosovo Police, based on protocol, training and experience, utilized the appropriate tactical unit to make entry into the building and secure the facility so that members of the Kosovo Police Investigations Unit could enter and conduct the relevant investigation.  Although these responding officers received heavy resistance from those barricaded within the building, the KP used no firearms, rubber bullets or tear gas in securing the building and effecting the arrests.  The resistance encountered included: sticks, chairs, tables, metal tools and tear gas spray.  As a result of these attacks, 2 police officers and 2 civilians were injured.

Police officers, based on the situation and the violent actions displayed by people within the building, complied with their legal authorizations, and arrested several of the people who had barricaded themselves in the building.  Those arrested were escorted to the police station for further proceedings. Mr. Kurti was located within the building, taken into custody and transported to the justice authorities, as required by the Arrest Warrant.

The total number of persons arrested was 97, of which: 11 remained in detention for 48 hours under the suspicion of involvement in criminal activities, 53 were referred for quick procedure for being involved in minor offenses, 26 were released on regular procedure and 7 juveniles were released.

The KP ensured that the legal protections afforded to all persons who were detained were protected and respected.   Each arrestee was read their rights and offering the service of attorneys, as required.

The number of injured protesters, who requested for medical assistance, was ten (10); two injured police officers also required medical assistance.  Some other persons, and KP officers, suffered superficial injuries, but did not require any medical assistance.  All injured persons who required medical treatment were offered treatment by KP Medical Unit and/or the University Medical Clinic Center of Kosovo. 

As a part of the continuous police work, and in coordination with the competent Prosecutor, the KP forensics’ unit conducted a thorough examination of the scene within Vetevendosje’s Headquarters.

The KP requested that Vetevendosje Leader, Mr. Visar Ymeri and Parliament Member from Vetevendosje, Mrs. Aida Derguti, be present while the examination of the scene took place.  Both Mr. Ymeri and Mrs. Dergutti rejected the KP’s offer.  The KP examined the scene and preserved their findings during that examination via video recordings.

The following items of material evidence were confiscated:

2 – Pieces of military gas masks
1 – Spray (OC), small
2 – Metal sticks,
2 – Tools intended to launch glass spheres (sling shots),
4 – Bags with suspicious powder,
2 – Bags with glass spheres (marbles),
1 – Tear gas,
3 – Radio, Motorola,
1 – ½ Liter bottle with rubber bullets – 26 pieces,
1 – Fireworks with gunpowder
3 – Empty cans of tear gas,
1 – Plastic bag with 7 pieces of tear gas canisters,
1 – Bag of colored spheres (marbles),
1 – Bag with three plastic bottles with ½ liter amount filled with petrol,
1 – Plastic bottle of 1.5 liters petrol,
1 – Small OC spray (pepper)
1 – Big OC spray (pepper)
2 – Bags with welded armor (in the form of hedgehog) to puncture vehicle tires,
5 – Bottles in amount of 1.5 liters filled with pink paint,
13- Black masks to cover the face.

Members of the Kosovo police, in order to carry out their legal responsibilities, based on rapidly evolving situations and circumstances, were compelled to use proportionate and necessary force in response to violence directed toward them.

Kosovo Police based on its planning, training, experience and standard operating procedures will continue to serve the citizens of Kosovo by maintaining public order and providing security throughout the country.

Attachment: Photographs of confiscated items of evidence.

Pristina
2 December 2015