False arrest or illegal detention is a gross violation of human rights carried out by law enforcement agencies or private individuals without legal grounds. In Georgia, human liberty is protected by the Constitution, and Article 147 of the Criminal Code specifically imposes liability for intentional illegal detention or arrest. This crime involves restricting a person's freedom in violation of procedural norms, for example, when there is no court order or urgent necessity, or when an obviously innocent person is arrested. Victims have the right to demand criminal prosecution of the perpetrators as well as compensation for material and moral damages from the state. Cases of false arrest are often linked to abuse of power and require immediate legal response.
What does the False Arrest Defense service cover?
Lawyer involvement is essential to restore the person's rights and nullify the consequences of the illegal act. Services include:
- Reviewing arrest protocols and circumstances: The lawyer checks whether procedural deadlines were met, if rights were explained to the detainee, and if there was a factual basis (probable cause) for the arrest.
- Filing complaints: Submitting complaints to the Prosecutor's Office and the General Inspection regarding illegal actions by police officers or other officials.
- Evidence collection: Obtaining CCTV footage, witness testimonies, and medical expertise (if the arrest was accompanied by violence).
- Claiming damages: Filing a civil or administrative lawsuit to compensate for damages caused by illegal imprisonment.
- Applying Strasbourg Court precedents: Using the practice of the European Court of Human Rights to strengthen the position at the local level.
Common Real-World Scenarios
False arrest can occur in various situations:
- Political rallies: Mass administrative arrests of demonstrators when there is no evidence of individual offenses.
- Mistaken identity: When police arrest a person who visually resembles a wanted suspect but fail to verify their identity properly.
- Fabricated evidence: Arrest based on "planted" drugs or weapons when no real grounds exist.
- Violation of procedural deadlines: Holding a person in a police station longer than the time allowed by law without official registration.
Georgian Legal Framework
False arrest is regulated by Article 147 of the Criminal Code of Georgia, which punishes an official or a person equal thereto for intentional illegal detention. Additionally, Article 13 of the Constitution of Georgia and the Criminal Procedure Code define strict standards for detention. Any arrest must be based on "probable cause" that the person committed a crime. Violation of this standard provides grounds to consider the arrest illegal. The Law on the "Ministry of Internal Affairs of Georgia" also applies, obliging police officers to protect human rights.
Process and Stages
Protecting rights involves:
- Immediate response: Lawyer's visit to the place of detention or temporary detention isolator.
- Judicial control: Within 48 hours of arrest, the court reviews the legality of the detention. The lawyer argues that grounds did not exist.
- Release: If the court declares the arrest illegal, the person is released immediately from the courtroom.
- Rehabilitation: Claiming compensation after an acquittal or dismissal of the case.
Why choose Legal.ge?
False arrest is an abuse of power by the state. In such times, you need a strong and independent lawyer who is not afraid of the system. Legal.ge gives you access to human rights defenders who have experience in protecting civil rights and successful practice in challenging illegal arrests. We will help you restore justice. Find a defender on Legal.ge.
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