
Look, proportionality is a fundamental principle in the behavior of any public institution towards the individual, as a holder of fundamental freedoms and rights.
There is no dispute that police violence against a peaceful demonstration is illegal and disproportionate.
But, by the same logic, the use of police force in the face of individual violence is not only legal, but also necessary, to the extent that it is required to stop it.
The logic of proportionality is required both in the use of force in the face of violence, but also in relation to the performance of public duty.
In a society organized in the state, the monopoly of the lawful use of force is precisely the state. This monopoly was not given to it by chance. It was given to it to avoid retaliation, that primitive logic of reaction of an eye for an eye and a tooth for a tooth. What we today call self-justification.
So, the state also exists so that individuals are not forced to protect themselves from the violence of others.
Now, if we look at our current reality, the Albanian police are still far from an effective and proportionate response to the violence. Although they say they knew what was happening, they were found unprepared.
Look at the statistics of the injured and you will realize that we have more injured police officers than perpetrators.
So the police were found to be blatantly unprepared. If it were otherwise, we wouldn't so easily see police officers being hit, property being destroyed, and violent individuals continuing their actions.
Our police, who have forgotten to tender for rubber batons, spacesuits and other protective equipment, are performing poorly in fulfilling their duty to protect order, property and their own officers. So you can accuse them of being disorganized for these things, but not for exercising excessive violence.
Faced with this reality, we constantly hear the call: the police must be proportional!
But proportional to what?!
With the violence that is exercised against it? With the destruction of public property? With the robbery or damage to private property?!
Proportionality is not a privilege of the perpetrator to not be deterred. It is the obligation of the state to use the necessary force, without exceeding it.
In fact, even the police's inaction may be disproportionate to their duty. Because a police officer who cannot even protect himself, how can he guarantee the protection of citizens?!
Now, if the police shouldn't use tear gas because it causes disturbances, pressurized water because it gets people wet, rubber batons because it hurts, or physical force because it can cause injuries, excuse me, but what kind of police are we talking about?!
For moral education police?!
Of course, none of these means can be used unnecessarily or outside the limits of the law. Even less the firearm, the use of which is subject to extremely strict conditions. Although as far as I am concerned, I was and still am in agreement on this point with the late Sali Berisha, that the weapon was given to be used. Berisha even said once that he was ready to use it himself to protect his office. I agree with him even today.
But, beyond the debate over the use of firearms, the means of force exist precisely for situations where violence cannot be stopped with words.
Lawful police force is not equal to unlawful individual violence. Confusing them is a legal and logical absurdity.
There is something else.
Civil disobedience is a form of protest that can be peaceful. But when it is replaced by attacks on people, police, and property, it is no longer simply civil disobedience. It is an open invitation to civil strife.
If the state does not stop this violence, it creates the conditions for the political clash to turn into increasingly serious physical clashes.
Therefore, it must be understood once and for all that proportionality is not measured only by the force used by the police, but also by the obligation they have to stop violence.
A police officer who uses excessive force violates the law. But a police officer who does not use the force necessary to stop violence fails to enforce it and is equally disproportionate.
After all, we created the state precisely so that the law of the strongest would not reign. Because when the state gives up legal force, it paves the way for illegal force.
And before violence becomes the norm, the state must remember that it also has an obligation to stop it.
That, as the people say, before we reach civil war, the tree has fallen from heaven...
But in a state governed by the rule of law, it is not an instrument of revenge. It is the last resort of force necessary to protect the order and freedom of all.