Habeas Corpus - Illegal Detention Defense | Legal.ge

HabeasCorpus

What is the maximum time I can be held without a judge''s decision?

In Georgia, you must be presented to a judge within 48 hours, and the judge must make a decision within the next 24 hours. Total maximum detention without a court order is 72 hours.

Can I leave the police station if I am not arrested?

Yes. If you are not formally under arrest, you are free to leave. Police cannot detain you just for "questioning" against your will.

What happens if the 48-hour deadline is missed?

If the prosecutor fails to bring you before a judge within 48 hours, you must be released immediately. A lawyer can enforce this right.

Can I get compensation for illegal arrest?

Yes, if the court declares your arrest or detention illegal, you have the right to sue the state for monetary compensation for moral and physical damages.

Introduction: The Fundamental Guarantee of Liberty
"Habeas Corpus" is a Latin term meaning "you shall have the body" and represents a cornerstone of human rights law. In modern law, it implies the right of a detained person to be brought immediately before a judge to verify the legality of their detention and imprisonment. In Georgia, this principle is guaranteed by the Constitution and ensures that no person is held in illegal custody or arbitrary detention. This service is vital in the first hours and days of arrest when there is a risk of a person being isolated from the world without legal grounds. Using the Habeas Corpus mechanism allows a lawyer to demand the immediate release of a person if the state cannot justify the lawfulness of the detention.

What Does This Service Cover?
Legal services based on the Habeas Corpus principle involve urgent actions:

Verifying Legality of Arrest: Analyzing the arrest protocol—were procedural deadlines met, were rights explained to the person, and did factual grounds for arrest (reasonable suspicion) exist?
Monitoring the 48/72 Hour Rule: Ensuring the accused is presented to court within 48 hours of arrest. Violation of this deadline automatically leads to immediate release.
Filing Complaints: Submitting a lawsuit to a magistrate judge or relevant court requesting the detention be declared illegal.
Challenging Arbitrary Detention: If a person is held without an "official" charge (e.g., detained at a police station for "questioning"), the lawyer uses legal mechanisms to restore their physical liberty.

Common Situations and Scenarios
Illegal detention can occur in various contexts:

Deadline Violation: A person was arrested on Friday evening and not presented to a judge until Monday, violating the 48-hour constitutional limit.
Warrantless Arrest: Police arrested a person without urgent necessity, based solely on suspicion that was not later substantiated.
Mistaken Identity: A person was arrested by mistake because they resembled a wanted fugitive and is kept in custody during the clarification process.
Abuse of Administrative Detention: Detaining a person administratively (e.g., for disobeying police) to gain time to file criminal charges.

Georgian Legal Framework
The principle of Habeas Corpus is reflected in Article 13 of the "Constitution of Georgia", which states: "A detained person shall be presented to a court within 48 hours. If the court does not make a decision on the measure of restraint or another decision within the next 24 hours, the person shall be released immediately." This norm is detailed in the "Criminal Procedure Code of Georgia". Additionally, Article 5 of the "European Convention on Human Rights" (Right to liberty and security) applies directly in Georgia, and its violation imposes solid compensation on the state.

Step-by-Step Process
1. Raising the Alarm: As soon as the family learns of the arrest, they contact a lawyer. The lawyer immediately locates the detainee.
2. Meeting and Information: The lawyer meets the detainee, checks the arrest time and protocol.
3. Checking Deadlines: The lawyer calculates the exact time from the moment of arrest. If the deadline has passed without a court hearing, they apply to the prosecutor and prison administration for release.
4. Court Hearing: At the first appearance hearing, the lawyer files a motion to declare the arrest illegal and release the client.
5. Compensation: After confirming the fact of illegal detention, it is possible to claim damages through civil proceedings.

Why Choose a Specialist on Legal.ge?
Every minute spent in illegal custody is a gross violation of human rights. On Legal.ge, you will find lawyers who respond instantly to arrest facts. They thoroughly know constitutional deadlines and procedures to prevent the illegal isolation of you or your loved one. Our specialists will use the full rigor of the law to protect your freedom. Find a defender on Legal.ge.