Judicial Detention and Its Alternatives: A Legal Study and Analysis of the Impact of Arbitrary Detention and Methods of Claiming Compensation

Abstract

Abstract

Detention is one of the legal measures taken by competent authorities to ensure justice and prevent threats to public security. In recent years, alternatives to detention have emerged, aiming to strike a balance between protecting society and safeguarding individual rights, as these alternatives mitigate the harm caused by imprisonment under legally defined conditions. However, detention remains prevalent, and in some cases, decisions to detain may be issued arbitrarily. This has sparked the need to study the concept of detention and its alternatives, followed by an examination of the topic of compensation for arbitrary detention as a mechanism to protect affected individuals Compensation reflects the state’s commitment to correcting wrongful practices and ensuring their non-recurrence by enhancing oversight and accountability in judicial procedures. Protecting individuals from the severe harm caused by unjustified arbitrary detention is not merely a legal obligation but also a moral responsibility that reinforces the values of social justice and upholds the principle of equality before the law.

Among the most important recommendations made by the researchers are application of detention alternatives for felony cases in instances of non-repetition and within specific guidelines, as well as the necessity of including a clear legal provision to compensate those affected in cases where gross errors are proven as a result of arbitrary detention, with mechanisms for determining the compensation.

Keywords: Judicial detention, alternatives to detention, compensation, victims of criminal justice, human rights