დაკავების სტანდარტი სისხლის სამართლის პროცესში და მისი შესაბამისობა ევროპულ სტანდარტებთან

Human rights have a complex, centuries-old history that, this time, is associated with the struggle for individual rights. Georgian Criminal Procedure Code in force, by the Constitution, is focused on the modern standard of legal regulation of the Institute of Human Rights and Detention. Despite the legally protected good, it is not an absolute right and can be interfered with by the supreme law of Georgia and international documents. Among the measures of criminal procedural legal coercion, the central place is devoted to the detention of fundamental human rights dedicated to the arrest of a person, which is regulated by Article 170 of the Criminal Procedure Code of Georgia. Restriction of the right to liberty of any person – detention or arrest as an extreme measure should be provided in cases by law when the goal can not be achieved through alternative means. It is essential to determine what kind of case is an extreme necessity, on what grounds, by whom, and in what circumstances a person can be deprived of liberty, and what are the state’s obligations when detaining a person. Existing standards of detention and imprisonment provide a guarantee of legal protection. At the same time, it protects the detainee from torture and other ill-treatment.
The master's thesis analyzes the grounds for detention as established by national courts, the procedural nature of rules and standards, and the European Protection of Human Rights and Fundamental Freedoms practiced by the European Court of Human Rights.