Rights during investigation - arbitrary arrest or detention and deprivation of liberty

Albania

Albania - Constitution 1998 (2016) EN

PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 27
1. No can be deprived of liberty except in the cases and according to the procedures provided by law.
2. Freedom of person may not be limited, except in the following cases:
a. when punished with imprisonment by a competent court;
b. for failure to comply with the lawful orders of the court or with an obligation set by law;
c. when there are reasonable suspicions that he has committed a criminal offense or to prevent the commission by him of a criminal offense or his escape after its commission;
รง) for the supervision of a minor for purposes of education or for escorting him to a competent organ;
d. when a person is the carrier of a contagious disease, mentally incompetent and dangerous to society; dh) for illegal entry at state borders or in cases of deportation or extradition.
3. No one may be deprived of liberty just because of not being able to fulfil a contractual obligation.
Article 28

PART TWO THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
CHAPTER II PERSONAL RIGHTS AND FREEDOMS
Article 28
2.The person who has been deprived of liberty, according to article 27, paragraph 2, subparagraph c), must be sent within 48 hours before a judge, who shall decide upon his pre-trial detention or release not later than 48 hours from the moment he receives the documents for review.

Albania - Criminal Procedure Code 1995 (2017) EN

GENERAL PROVISIONS
Article 5
Restrictions of the personal freedom
1. The freedom of a person may be restricted by way of precautionary measures only in the cases and under the conditions defined by the law.
2. No one may be subjected to torture or humiliating punishment or treatment.
3. Persons convicted to imprisonment are ensured human treatment and moral rehabilitation.

TITLE V PRECAUTIONARY MEASURES
CHAPTER I PERSONAL PRECAUTIONARY MEASURES
SECTION I GENERAL PROVISIONS
Article 228 Requirements for the application of personal precautionary measures
1. No one may be subjected to personal precautionary measures unless there exists a reasonable suspect against him, based on evidence.

TITLE V PRECAUTIONARY MEASURES
CHAPTER IIIARREST IN FLAGRANTE DELICTO AND DETENTION
Article 254 Prohibition of arrest or detention under certain circumstances
1. No arrest or detention shall be allowed if according to the circumstances of the fact it appears that the action was carried out during the execution a duty or the exercise of a legitimate right or an impunity reason exists.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.