How do you claim compensation for mistreatment in the investigation arrest?
Right to compensation
You can seek compensation if you have suffered damages as a result of mistreatment in the investigation arrest. Damages can result from a wide range of behaviour. For example, the excessive use of force, physical and verbal abuse etc. Therefore, you can seek compensation for both – material losses and moral damages.
Compensation in a criminal case
A prosecutor may open a criminal case against police officers or other inmates on the basis of your complaint. In this situation you can seek compensation for damages as a victim in criminal proceedings. If the compensation claim cannot or cannot fully redress your damages within criminal proceedings, you have the right to seek these damages by filing a civil claim as well.
Compensation in administrative proceedings
There may also be situations where the actions of prison guards will not qualify as a criminal offence. However, there may still be a violation which qualifies as a disciplinary violation and infringes your human rights. In this case, you can seek compensation from the Prison Administration. The procedure outlining how to submit the application and how it will be considered is laid out in the State and Municipalities Liability for Damages Act.