You may be kept detained on remand with the special permission of the judge.
When arrested for the alleged criminal offense on probable cause, you can be held for a maximum of 72 hours. No later than 48 hours after your arrest, you should be given an indictment, otherwise you should be released immediately. From the moment of the arrest you have the status of accused. And within 48 hours from your arrest the prosecutor should file a motion to the magistrate court for application of a measure of restraint. If the prosecutor fails to apply for the restraint measure within 48 hours, you should be immediately released. You can read more about this in the Criminal Procedure Code of Georgia.
If you have been arrested at the time your trial commences, you must be brought in front of the Court that is examining your case.
important It is the duty of the person directing the proceedings to bring you in front of a magistrate judge or the Court and you do not have to ask for this to be done. The police or the prosecutor him/herself cannot decide to keep you detained.
The judge or the Court can decide to keep you detained on remand only on the grounds stated in law. Read more about the reasons for pre-trial detention.
What human rights violation may there be?
If you were not promptly and automatically brought in front of an investigative judge or the court before your arrest period expired, it may result in a violation of the right to liberty and security of a person.