Prohibition of asylum seekers and refugees in Albania

• Author: Lisjana Çukaj
• Pages: 282-287

282

Vol. 2 No. 3

January, 2017

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Tirana-Albania

ISSN 2410-759X

Acces online at www.iipccl.org

Prohibition of asylum seekers and refugees in Albania

PhD (C.) Lisjana Çukaj

Abstract

Prohibition of asylum seekers is regarded as an exceptional measure, which used only in

certain circumstances. Detention should be implemented according to the legal procedures

clear and transparent.Prohibition is allowed as long as procedures are in process, if not

performed at the right time, the detention is not permissible.Albanian legislation provides

detention procedural deadlines, in order to avoid arbitrary detention. Detention of asylum

seekers and refugees ,must realized by the staT and personnel based on their specif‌i c needs.

Such as the prohibition of minors that is the last measure when there is no alternative.Albania

has not the necessary capacity referring to the number of refugees, also no social center for

unaccompanied minors. The practice of detention is diT erent in diT erent countries.OW en the

conditions of detention leads authorities to declare detention as arbitrary. Albanian legislation

provides that the detainee must be informed of all the rights that have during detention, and

must creating conditions for their implementation.

Keywords: the detention of asylum seekers and refugees , procedural guarantees ,rights

during detention.

Introduction

The right to travel is a fundamental human right ,it is known and accepted in many

international instruments, and the domestic law of many countries.This right is

rooted in the history of mankind since the beginning of the modern state.

By changing the system Albania made many eT orts to adapt and implement

international standards in many areas, including the provision of international

protection and treatment of refugees.

Today it seems that Albania has become a destination of refugees who come from

countries where there is armed conf‌l ict, as Siria, Irani, Eritrea or and Ukraina, citizens

who have applied for asylum in our country. It is used as a transit country for refugees

on their way to the EU.

Albanian legislation provides refugees all the rights they should enjoy as social rights,

cultural,protection from eviction, the right to a fair trial, ets. Although it stipulates

more rights for refugees and asylum seekers, of the implementation of the numerous

def‌i ciencies especially with specif‌i c groups such as women and children. Detention of

refugees and asylum should be used only when other means are not coercive.

1. Prohibition of asylum seekers and refugees

Prohibition of asylum seekers should not be applied in a great majority, but only if

have a circumstances def‌i ned by law1. States should always apply the least restrictive

measures, they are obligated to pursue in good faith the decision making process,

1 Art 11 Law “For Asylum in the Republic of Albania” off‌i cial journal,No 121,18.09.2014.