The Former Yugoslav Republic of Macedonia (FYROM) declared its independence from Yugoslavia in 1991. The country consists of 123 municipalities and has a large Albanian minority.

The police force is regulated under the FYROM Constitution of 1991, the Law on Internal Affairs of 1995, the Criminal Procedure Code of 1997 and the Draft Law on Changes and Additions to the Criminal Procedure Code.

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The Former Yugoslav Republic of Macedonia (FYROM) declared its independence from Yugoslavia in 1991. The country consists of 123 municipalities and has a large Albanian minority.

The police force is regulated under the FYROM Constitution of 1991, the Law on Internal Affairs of 1995, the Criminal Procedure Code of 1997 and the Draft Law on Changes and Additions to the Criminal Procedure Code.

Article 150 of the Criminal Procedure Code addresses police powers of investigation and states that criminal investigations may be initiated when there is a justifiable suspicion that a crime has been committed. Moreover, when carrying out surveillance police officers have to respect the rights granted in the FYROM Constitution, such as Article 17 that guarantees the right to freedom and confidentiality of correspondence and other forms of communication.

Police powers to search persons and dwellings are regulated under the Criminal Procedure Code. Article 198 states that a person may be searched when it is likely that traces or objects important for a criminal proceeding will be found. Dwellings may be searched when it is likely that a suspect will be apprehended or when traces of a crime or objects significant for a criminal proceeding will be found on the premises.

The use of force, including firearms, is regulated under Articles 34-39 of the Law on Internal Affairs. According to Article 34, force may be used in cases when it is necessary to restore public order and peace, to overcome resistance from an arrested or detained person or to remove a person who does not comply with orders given by the authorized official. The use of firearms is allowed when other types of force are insufficient. Cases when firearms may be used include when it is necessary to protect the lives of citizens, reject a life-threatening attack on the police official, reject an attack on a secured building or person, prevent the escape of an arrested person or prevent the escape of a person that has been caught committing a criminal act for which the punishment is five years of imprisonment or more (Article 35).

Rules regarding police ethics are found in the FYROM Constitution, which guarantees the equality of all citizens under the law, the irrevocable right to human life, the prohibition of torture or other inhumane or humiliating conduct or punishment, the right to freedom and the presumption of innocence. The Police Development Unit of the OSCE Spillover Monitor Mission to Skopje and the FYROM Ministry of Interior jointly carry out police training. This police training focuses on democracy, the rule of law and European policing and international human rights standards. Applicants that are admitted into the police training program are required to have citizenship in the FYROM, secondary education and strong physical, mental and moral capacities.

Analysis provided by Maria Bideke, International lawyer and Director of Law Association Justice International.

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