The State is responsible for the damages caused to prisoners and detained persons by the prison authorities as a result of torture, inhuman or degrading treatment. If the prison staff or other penitentiary authorities have violated your human rights, you may ask for monetary compensation for the damages suffered by you.
To obtain a remedy for a violation of your rights, you need to file a claim to the administrative court.
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If you believe that prison authorities have violated your rights and wish to receive monetary compensation, you should submit a claim to the administrative court, following the procedure of the State and Municipalities Liability for Damages Act. Next, the Execution of Punishments and Pre-Trial Detention Act sets up a dedicated court procedure for the examination of claims for damages resulting from torture, inhuman or degrading treatment in prison and pre-trial detention facilities. In accordance with this procedure, you can submit a claim for damages within five years from the date of the violation. The court will first establish if your right to be free form torture, inhuman or degrading treatment was violated. According to the procedure, it must take into consideration the cumulative effect of the prison conditions on you, the duration of the alleged illegal treatment and other factors, relevant to the case. The court may appoint expert witnesses or request information from other individuals or institutions, necessary for the establishment of the facts of the case. Once you submit enough preliminary evidence for the existence of a violation, the burden of proof is shifted to the prison authorities. If the court establishes that you have been a victim to inhumane or degrading treatment, the occurrence of non-pecuniary damages is presumed.
Appeal
You can appeal the decision of the administrative court in the Supreme Administrative Court within 14 days from the date of the notification of the decision. The procedure and time limits for the appeal must be indicated in the decision.
Compensation within a criminal proceedings
If you are recognized as a victim in criminal proceedings, you can ask for compensation during the criminal proceedings. Read more about compensation for victims of crime.
Depending on the gravity of the violation, you will be awarded a certain amount of money. This may include compensation for the material losses (loss of money or your property), as well as compensation for any psychological suffering. The court will determine the amount of money on the basis of the specific circumstances of each individual case.