Police operation or intimidation of citizens?

Democratic standards called into question following the incident in Haraçinë

The incident reported in Haraçinë has caused significant public concern and has brought renewed attention to the issue of police use of force in civilian residential areas. According to field reports and citizens' testimonies, the police intervention, accompanied by the presence of armed units and alleged use of firearms in proximity to residential zones, has created a sense of fear, insecurity, and alarm among residents.

In a rule-of-law state, the use of force by the police is not an unrestricted operational discretion, but a strictly regulated action governed by the Constitution, domestic legislation, and binding international standards. According to the Law on Police of the Republic of North Macedonia, the use of force is permitted only in cases of necessity, proportionality, and only when other means are insufficient¹. In particular, the use of firearms is allowed only as a last resort and only when there is an immediate threat to life.

Furthermore, the Regulation on the use of means of coercion by the police establishes a clear and mandatory hierarchy of action, starting from verbal warning, minimal use of force, and only then the use of firearms as an extreme measure². Any deviation from this hierarchy constitutes a breach of procedural standards governing police intervention.

The Constitution of the Republic of North Macedonia explicitly guarantees the right to life and prohibits torture or inhuman or degrading treatment³. These provisions impose direct limitations on any police action, especially in situations where civilian safety is at risk.

In the same line, the Law on Internal Affairs requires that every police operation must be legally grounded, hierarchically controlled, and fully documented for oversight and accountability purposes?. This framework is intended to ensure that the use of force does not escape democratic and institutional control.

According to the Law on Internal Control within the Ministry of Interior, any suspicion of excessive or unlawful use of force obliges internal control mechanisms to initiate a full and independent investigation?. This mechanism is essential for maintaining public trust and preventing abuse of police authority.

At the international level, the standards of the European Convention on Human Rights, particularly Articles 2 and 3, require the state to ensure effective protection of life and to prohibit any inhuman treatment?. The European Court of Human Rights has emphasized that the state is responsible not only for direct actions of the police, but also for the planning and control of operations in the field.

In this context, the standards of the OSCE on democratic policing highlight that the police must operate as a public service based on trust, transparency, and proportionality, avoiding any perception of militarization of civilian life and any action that may be interpreted as intimidation of the community?.

Reports from Haraçinë, while still requiring official verification, raise serious legal and institutional questions regarding:

– proportionality of police intervention;

– justification for the use of firearms in a residential area;

– assessment of risk to civilians;

– compliance with mandatory operational procedures.

In a democratic state, the police cannot operate outside public and legal oversight.

Any operation affecting citizens' safety requires full transparency, independent investigation, and institutional accountability.

Public safety cannot be built on fear or perceived force, but on legality, proportionality, and absolute respect for human life and dignity.

Footnotes:

¹ Law on Police of the Republic of North Macedonia (2006) – Articles 80, 83, 88, 89 and 91 (use of force and firearms)

The Law on Police establishes the fundamental principles of legality, necessity, and proportionality in the exercise of police powers.

– Article 80 defines coercion as the use of physical force or means of coercion only when police action cannot be carried out otherwise.

– Article 83 allows the use of physical force only to repel an attack, prevent escape, or overcome active resistance.

– Articles 88 and 91 regulate the use of chemical agents and other coercive means, explicitly emphasizing that the life and health of citizens must not be endangered.

– Articles 89 and 90 define strict conditions for the use of firearms, which are permitted only when "absolutely necessary" and when no other means are available to protect life or prevent serious and immediate danger.

– The law further prohibits the use of firearms where third persons' lives are endangered, except in situations where this is the only means to prevent direct and imminent threat to life.

² Regulation on the use of means of coercion by the Ministry of Interior of the Republic of North Macedonia (operational bylaw)

This regulation establishes a mandatory hierarchy of force:

– Verbal warning and lawful police order;

– Minimal physical force;

– Use of control means (handcuffs, baton, tear gas);

– Firearms only as a last resort measure.

It also requires detailed reporting for every use of force and supervision by the Ministry of Interior's internal control mechanisms.

³ Constitution of the Republic of North Macedonia – Articles 10 and 11

– Article 10 guarantees the right to life as inviolable.

– Article 11 prohibits any form of torture, inhuman, or degrading treatment.

These constitutional norms have supreme legal force and impose strict limits on all state actions, including police operations, requiring maximum protection of physical integrity.

? Law on Internal Affairs of the Republic of North Macedonia – provisions on police operations and command control

This law provides that every police operation must:

– have a clear legal basis and lawful command order;

– be planned and executed under hierarchical control;

– respect proportionality and risk minimization principles;

– be fully documented for internal and external oversight purposes.

It establishes direct responsibility of the command chain in cases of abuse or excess of authority.

? Law on Internal Control, Criminal Investigations and Professional Standards within the Ministry of Interior

This law establishes internal oversight mechanisms and obliges authorities to:

– investigate all allegations of unlawful or excessive use of force;

– assess compliance of police conduct with law and regulations;

– impose disciplinary or criminal accountability for violations.

It is a key instrument for ensuring police accountability and preventing abuse of power.

? European Convention on Human Rights (ECHR) – Articles 2 and 3, as part of the legal order of North Macedonia

As a contracting party, North Macedonia is bound to apply the ECHR standards:

– Article 2: obligation to protect life and conduct effective investigations into any potentially unlawful use of force;

– Article 3: absolute prohibition of inhuman or degrading treatment;

– The European Court of Human Rights also requires strict operational planning and command control in all law enforcement operations involving potential use of force.

? OSCE Guidebook on Democratic Policing

The OSCE defines democratic policing as a model where the police:

– operate in service of the public rather than as a political instrument;

– are transparent and accountable to institutions and citizens;

– use force only as a last resort and in a strictly proportional manner;

– respect ethnic diversity and avoid any perception of discrimination.

Public trust is considered a core element of police legitimacy.

The Land of Leka, 24.05.2026