As reported in a series of publications (see among others 1, 2, 3, 4, 5) on 12 March 2023 police authorities fired tear gas inside the (operational) metro station Metaxourgiou.
These allegations raise serious concerns about the legality of the police’s actions. This is because the firing of tear gas and chemicals in general is: a) a practice which is particularly dangerous and harmful to the health of citizens, especially when used in enclosed spaces; and b) a measure which should only be used under specific conditions and circumstances, always respecting the principles of legality, necessity and proportionality (see, inter alia, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10)
In a state governed by the rule of law, the police authorities must be governed by certain principles, including the principle of legality, the principle of proportionality, the prohibition of the abuse of police power and the respect for and protection of human rights.
The powers of the police authorities and the conduct to be displayed by them in the performance of their duties are regulated, inter alia, by Presidential Decrees 538/1989, 141/1991 and 254/2004.
Although the police may use force to enforce the law, this does not mean that all use of preventive or repressive force by the police is lawful. On the contrary, the arbitrary use of the power to use force and police action in excess of the legal limits is a dangerous phenomenon for a democracy.
The reported use of tear gas in an enclosed area (in an operating metro station) seems, however, to be beyond the legal limits of police action.
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