How do you claim compensation for mistreatment by the police?
Right to compensation
You have the right to compensation if you have suffered damages as a result of the unlawful activities of the police. Damages can result from a wide range of behaviour. For example, the excessive use of force during the arrest, physical and verbal abuse and a disregard for your needs in the detention place. Therefore, you can ask for compensation for both – material losses and moral damages.
Where to submit the complaint?
You should submit a complaint about the mistreatment to the prosecutor. He/she must order investigation into your complaint and supervise it. You can also complain to the Internal Security department of the Ministry of Interior. It is the supervisor’s responsibility to handle the complaint and to forward it to other responsible authorities if necessary. Read more about the submission of the complaint.
Compensation in a criminal case
The prosecutor may open a pre-trial investigation against the police officers on the basis of your complaint. In this case, you can ask for compensation for damages as a victim in criminal proceedings. If you have not claimed damages in criminal proceedings, you can institute separate civil proceedings for damages after the conclusion of the criminal proceedings. In some cases, you also have rights to compensation from the State as a victim. Read more about this in the Law on Assistance and Financial Compensation of Victims of Crimes.
Compensation in administrative proceedings
There may also be situations where the actions of the police officers will not qualify as a criminal offence. But this does not necessarily mean that certain activities of the police officers during the investigation did not violate your rights. In these situations you are entitled compensation under the State and Municipalities Responsibility for Damage Act. You can file a claim for damages in an administrative court if you can prove that the actions of the police had been unlawful.