Legal Instruments for Determining Personal Insurance Measures in the "Republic of Albania"

Abstract

Any restriction of freedom must be objectively justified and for a duration no longer than is necessary. In exceptional cases, when the limitation of freedom is considered necessary, it must guarantee the respect of rights and guarantees of a procedural nature, provided for in international acts that are mandatory to be implemented in domestic legislation. The right to liberty means only protection from restriction of physical liberty. It is not easy to define the meaning of the term "restriction of freedom", but in general we will understand this as the obligation to stay in a limited space for a considerable period of time. In every country in the world, people are arrested and detained on suspicion of having committed a criminal offence. Often, these individuals are kept restricted from their freedom for weeks, months or even years before a competent court pronounces a decision on their case on the merits. The conditions in which these individuals are kept are often the worst in the internal penitentiary system. Their legal status is in jeopardy as they are suspects but have not pleaded guilty and they are under enormous pressure, due to the damage they suffer in economic terms or separation from family and community. The extended use of arrest in prison or at home, in the Republic of Albania, evidences a poor recognition of the conditions and criteria for assigning coercive personal security measures, by the actors of the criminal justice system, in particular by the prosecution and the court. However, the role of the courts remains fundamental not only for the correction of procedural actions carried out by the prosecution and the police, but especially for the guarantee of freedoms and fundamental rights, as well as the principles of the rule of law.

Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023