The Problem of the Burden of Proof in Cases of Prolonged Detention

The article addresses one of the pressing issues in criminal proceedings. The right to liberty is among the fundamental human rights protected under both national and international legal instruments. Interference with fundamental rights and freedoms in the course of criminal proceedings is justified only under exceptional circumstances. Detention represents the most severe form of preventive measure as it constitutes an extreme intervention against an individual and is directly associated with the deprivation of one of their most essential values: liberty. Prolonged detention and the burden of proof related to its justification remain significant challenges for the Georgian justice system. The aim of this research is to identify the problems surrounding the burden of proof in cases of prolonged detention and to outline the necessary measures to address them effectively.