Unlawful arrest — a violation of personal liberty and the rule of law

Personal liberty is a fundamental constitutional right. It cannot be restricted at the will of state bodies, but only in the cases and through the procedures expressly provided by law.

Legal basis

• Article 27 of the Albanian Constitution guarantees liberty and security of person and sets out when deprivation of liberty is allowed.
• Article 28 guarantees the rights of arrested persons, including being informed of the reasons, the right to remain silent, to a lawyer and to be brought before a judge within 48 hours.
• Articles 251–252 of the Code of Criminal Procedure set the conditions for arrest in flagrante delicto. Merely attending a protest does not in itself constitute flagrante delicto.
• Article 253 governs the detention of a person suspected of a crime.
• Article 5 ECHR protects the right to liberty and security; Article 11 ECHR protects freedom of peaceful assembly.

Arrest has serious consequences and requires strict compliance with the law. It must never be used to intimidate, punish or pressure citizens exercising their constitutional rights. Where the legal basis is missing or safeguards are breached, the lawfulness of the detention must be reviewed by the competent authorities. Any use of force by the police must be lawful, necessary and proportionate.