The Detention of Asylum Seekers and Refugees, the Case of Albania

Abstract

The detention is considered to be an intrusion in the people rights, it is legitimate if it is conforms to the procedure defined by law. Detention as freedom privation should be realized conform to clear and transparent legal procedures. It should not be extended beyond the necessary period, and should not be used to obstacle the asylum seekers in advancing their requests. Although they may be used in the context of public security, such restrictions should be proportional to their serving interest. The detention decision despite being conform to the national law, if it was taken in bad faith should be a consequence of arbitrary detention. The country should consider detention as an alternative measure, when it does exist evidence that other smaller restrictions will be insufficient in the particular circumstances of this case.