How do you challenge the lawfulness of arrest and ask for compensation?
Right to complain
The grounds and procedures for arrest in cases of criminal suspicion are explained in this Guide. There could be situations where the police did not follow these grounds and procedures, which makes the arrest unlawful. In such situations you have the right to complain about the police behaviour.
What can you claim?
Since the period of arrest can only be a maximum of 24 hours, it is difficult to envisage how you can achieve release while you are detained. Yet, the law envisages such a possibility although it is not known of a case where it succeeded. However the European Court of Human Rights has found a violation against Bulgaria due to the inability of the applicants to obtain a release while they are in police custody. In addition, you may request compensation for being arrested unlawfully. In most cases, in order to receive compensation, you should complain about the unlawfulness of the arrest after you have been released or detained on remand.
Situations
The following three situations may occur:
- You have been arrested and you want to appeal against the lawfulness of your arrest while in police detention. In such cases you can ask the administrative court to declare your arrest unlawful and release you. The court should be able to pronounce its decision while you are in custody, i.e. within 24 hours
- You believe that you have been arrested unlawfully and you are not in police custody anymore. In that case you can bring a civil action for compensation under the special law
- You have been detained as a remand measure and your detention on remand had been repealed, or you have been a victim of any violation of Article 5, § 2 – 4 of the European Convention of Human Rights. In that situation you can bring a civil action for compensation under the special law