When you are detained on remand, you have the right to regular review of the need to continue the detention.
Who?
In Georgia, you or your lawyer can ask the magistrate court, to re-evaluate whether it is still necessary to continue your detention The Criminal Procedure Code of Georgia explains who can initiate and conduct the review of your detention, when and how.
Participation
You have the right to be present at the hearing in front of the magistrate court and to explain your arguments as to why you should be released. Your lawyer must also be allowed to participate and help you at the hearing. If you do not understand and/or speak Georgian, the court has a duty to arrange a State paid translator during the hearing. The Criminal Procedure Code of Georgia also outlines how the court considers the admissibility of your application.
Reasoned decision
The magistrate court has to examine all the facts for and against your continued detention on remand. The judges must be very diligent in doing this. The court must issue a well-reasoned decision, especially if he or she has decided to continue to keep you on remand. This means that the decision must very clearly explain the grounds on which you will be kept detained and why that is still necessary at this stage of the proceedings. The reasons cannot be superficial, generic or repeat the same reasoning as in the previous detention reviews.
The longer you have been detained, the more thorough and well-founded the reasons for prolonging your detention should be.
If you do not understand Georgian, the court must provide you a State paid translator without a delay.
Timely decision
Human rights require that the lawfulness of your detention must be decided speedily. It means that the court has to consider your application carefully and without unjustified delay. When making a decision on your detention, the magistrate court has to follow the time limits prescribed by the Criminal Procedure Code.
Appeals
You can appeal the decision of magistrate court to the investigation panel of a court of appeal once, within 48 hours after the decision of magistrate court. The court of appeal should consider your application no later than 72 after it has been filed.
What human rights violation may there be?
If the review process was not made available to you or did not correspond to the given requirements, it may result in a violation of the right to liberty and security of a person.