Castanidou to Nea Smyrni: Giving batons and guns to police officers without training

Shortcomings in Education and Inadequate Education are key causes of the excessive force that the police often use against citizens, exceeding the limits of the law, according to the Elisabeth Symeonidou-Kastanidou, Dean of the School of Law at Aristotle University of Thessaloniki. Speaking to ethnos.gr η Professor of Criminal Law at Aristotle University of Thessaloniki, prompted by yet another incident police brutality, such as the one in the square in Nea Smyrni Regarding the unprovoked beating of a civilian by a police officer in broad daylight, he emphasized that «Often, the police do not enforce the laws properly, though that does not mean they are unaware of them.».

For a number of years, the problem has been highlighted by the Ombudsman in its annual reports. The limits of police action are described, but There is a lack of the necessary compliance, often with the tacit approval of the police's oversight mechanisms. It is worth noting that out of the total 208 cases of police misconduct Of the complaints filed with the Ombudsman in 2019, sanctions are being recommended by those conducting the administrative investigations in only 10 cases.

Batons and firearms are issued to police officers to protect citizens

As the Dean of the Law School at Aristotle University of Thessaloniki explains Elisabeth Symeonidou-Kastanidou, to give right to use force and its means of implementation, such as glop or the weapons against people who do not have the appropriate education nor the imposed education to use them properly is a highly explosive mixture. «The government, and in particular the Ministry of Civil Protection to place special emphasis on this point. The police officers they should be fully aware that The state does not give them weapons to use as they please, »but for one and only one purpose: to enforce the laws and protect citizens.".

The police often, as she explains, ignores individual freedoms in the name of enforcing «order». These two principles, however, are not mutually exclusive. Combating crime does not require the violation of individual freedoms. «Every government must highlight this coexistence of freedom and security as a fundamental obligation of the police, rather than monotonously swearing allegiance to “law and order” doctrine”. It is an international obligation—not a choice».

Nea Smyrni Square #antireport pic.twitter.com/pvdPZHVrm4

- Marios Rafail Bikos (@bikosmariosraf) March 7, 2021

Are the police allowed to use force? When is it lawful?;

«And of course, the police have the right to use force»replies the lady" Simeonidou. According to the Dean of the Law School at Aristotle University of Thessaloniki, the police are «the only legitimate authority to use force in the state.» However, they are entitled to use force only when and as prescribed by law. Then, and only then, is the use of force lawful. When the police exceed the limits of the law, the force they use is no longer lawful and is utterly reprehensible.

So when is violence legitimate? First of all, when it is used to prevent the commission of a crime. It is permitted for the arrest of perpetrators of criminal acts. It is also permitted for the forcible escort of a person to the police station for identity verification when that person does not have identification or refuses to present it when asked.  On the other hand, it is illegal to use force for mass detentions without the police citing specific incidents indicating the possible commission or preparation of a crime — as has been repeatedly stated by Ombudsman. Just as excessive violence is illegal. Legitimate force It is only what is absolutely necessary for the performance of a duty prescribed by law. «As much as is necessary to carry out a detention or an arrest.». 

Causing bodily harm is illegal

The infliction of intentional bodily harm, as well as the beating of arrested individuals, are not permitted under any circumstances. «Such acts, especially when the individuals are in police custody—as is the case when they have already been restrained by police officers—constitute crime, which, in addition to imprisonment, also implies the automatic dismissal from the police force, as soon as the decision becomes final.».

Unlawful violence is reprehensible whether it is committed by civilians or by police officers

Commenting on the two most recent incidents involving the beating of a civilian and the injury of a police officer in the Nea Smyrni, the Aristotle University of Thessaloniki professor makes it clear that «Any unlawful use of force, regardless of the perpetrator or the victim, constitutes a criminal offense. »Illegal violence is a criminal offense and clearly reprehensible, whether it is committed by civilians against police officers or by police officers against civilians.".

What makes unlawful violence perpetrated by police officers unique is that it is carried out by agents of state authority. «By people to whom the State—all of us—has entrusted the duty of protecting us and enforcing the laws. Of ensuring our safety.».

The risk of social unrest is evident when the police cross the line

«When the police overstep their bounds, when those tasked with enforcing the law act unlawfully, the risk of social unrest is palpable. We’ve seen this happen frequently in other countries. We’ve seen it in our own country as well. Prudence and restraint are needed, especially when dealing with young people, at a time marked by a deep economic and social crisis.  A clear political commitment is needed to control police brutality »and the punishment of any police officers who violate the law.".