The Right to Compensation for Unlawful Detention Legal Perspectives

Abstract

This paper examines the legal dimensions related to the right to compensation for unlawful detention. Unlawful detention brings about significant social, moral, and economic consequences, denying individuals the opportunity to work and lead a dignified life. Rooted in International Conventions, Constitutional principles, and national laws, the right to compensation faces practical challenges in implementation. The increasing number of compensation claims highlights the need for legal reforms to ensure financial accountability for individuals or institutions involved. This presentation highlights key issues, emphasizing the necessity for legal changes to address financial responsibility for those who have caused unlawful detention. The paper will also explore the importance of an effective legal system to ensure that individuals harmed by this injustice have easy access to compensation procedures. The inclusion of specific cases and studies of different situations will assist in determining standards and criteria for determining the amounts to be awarded. Through the analysis of current jurisprudence and comparison with international practices, specific challenges that may be encountered during the implementation of the right to compensation for unlawful detention in the Albanian legal context will be identified. Additionally, recommendations will be proposed for improving this system through legal and administrative changes.

Received: 23 October 2023 / Accepted: 19 December 2023 / Published: 23 December 2023