Georgia will ban extending the term of administrative detention to 48 hours
In Georgia, it will be forbidden to extend the term of administrative detention up to 48 hours due to the work schedule of the courts. The Constitutional Court of Georgia has declared unconstitutional the relevant provision of the Code of Administrative Offences.
On December 29, the Constitutional Court granted the claim of the non-governmental organization " Association of Young Lawyers of Georgia "(GYLA) in the case "Irakli Dzhugeli v. Parliament". Unconstitutional recognized the norm, according to which the 12-hour period of administrative detention, which expired during non-working hours of the courts, is extended to 48 hours.
The opening hours of the courts of first instance and appeal are from 09: 30 to 18: 00. If the first 12 hours of detention coincided with the working time of the court, then such administrative detention may not last more than 12 hours, but if the first 12 hours of detention fall on non-working hours, then such detention lasts 48 hours, that is, two days.
For example, if a person is detained at 18:00, his 12-hour detention will expire the next morning, at 06: 00. Since the courts are still closed at this time, he will have to stay in the temporary detention center for two days. If a citizen was detained at 5 o'clock in the morning, his administrative detention will end at 17: 00. Since the courts are open at this time, the period of detention cannot be extended.
"The contested norm puts in an unequal position those persons whose 12 hours of administrative detention expire after working hours. Such people spend two days more in a temporary detention facility than those whose 12-hour period of administrative detention ended during the working hours of the courts, " the GYLA said in a statement.
According to the decision of the Constitutional Court, the contested norm will be revoked until June 1, 2021. During this time, the Parliament of Georgia will determine a shorter period of administrative detention for persons whose 12 hours of detention expire after court hours.
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Georgia will ban extending the term of administrative detention to 48 hours
In Georgia, it will be forbidden to extend the term of administrative detention up to 48 hours due to the work schedule of the courts. The Constitutional Court of Georgia has declared unconstitutional the relevant provision of the Code of Administrative Offences.
On December 29, the Constitutional Court granted the claim of the non-governmental organization " Association of Young Lawyers of Georgia "(GYLA) in the case "Irakli Dzhugeli v. Parliament". Unconstitutional recognized the norm, according to which the 12-hour period of administrative detention, which expired during non-working hours of the courts, is extended to 48 hours.
The opening hours of the courts of first instance and appeal are from 09: 30 to 18: 00. If the first 12 hours of detention coincided with the working time of the court, then such administrative detention may not last more than 12 hours, but if the first 12 hours of detention fall on non-working hours, then such detention lasts 48 hours, that is, two days.
For example, if a person is detained at 18:00, his 12-hour detention will expire the next morning, at 06: 00. Since the courts are still closed at this time, he will have to stay in the temporary detention center for two days. If a citizen was detained at 5 o'clock in the morning, his administrative detention will end at 17: 00. Since the courts are open at this time, the period of detention cannot be extended.
"The contested norm puts in an unequal position those persons whose 12 hours of administrative detention expire after working hours. Such people spend two days more in a temporary detention facility than those whose 12-hour period of administrative detention ended during the working hours of the courts, " the GYLA said in a statement.
According to the decision of the Constitutional Court, the contested norm will be revoked until June 1, 2021. During this time, the Parliament of Georgia will determine a shorter period of administrative detention for persons whose 12 hours of detention expire after court hours.
newsgeorgia.ge
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