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Compensation for the innocent! Three thousand lek for each day in prison, the judges think that the amount is unfair

2025-06-18 20:59:59Aktualitet SHKRUAR NGA REDAKSIA VOX

Compensation for the innocent! Three thousand lek for each day in prison, the

Does the Albanian state compensate every prisoner who is found innocent by justice according to the Constitution? Even the judges think that the amount of 3 thousand lek for each day is unfair and discriminatory.

This is the lawsuit of judge Bevis Shehaj, who asks the Constitutional Court to repeal as unconstitutional the law "On compensation for unjust imprisonment" for the low calculation of compensation for detention, imprisonment and house arrest, with the amounts of 3 thousand ALL, 2 thousand ALL and 1 thousand ALL.

As it results from the file that TCh has, the cause was the lawsuit of unfair compensation of Erjon Demaj, who during a prolonged criminal process, during which he was held in custody for three years more than the sentence of 8 months in prison given by the court.

Judge Shehaj tells the Constitutional Court that the compensation is disproportionate in relation to the economic and psychological damage caused to the prisoner, if the officially set minimum wage of 40 thousand lek per month is also taken into account.

This lawsuit by Bevis Shehaj, an administrative judge, comes shortly after the legal community raised concerns about the change in compensation for prisoners. And not only when they have been acquitted, but also for cases where they have been held in prison rather than the guilty sentence.

The administrative judge of Lushnja requests an incidental check of Albanian law, referring to the Court of Strasbourg. While arguing for the cases of citizens who have payments above the vital minimum and who, after being found innocent, the compensated amount is negligible in relation to the salary they had.

"Individuals with higher than average salaries, p.sh. Individuals with salaries of 1,500 euros or 2,000 euros per month, risk not only not receiving compensation for non-material damage, but also compensation for property damage being half of the real damage caused," says the judge.

The process will be kept suspended until the Constitutional Court pronounces a decision on the value of the prisoners' compensation.


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