How do you claim compensation for the unlawful activities of investigating authorities?
Right to compensation
You can seek compensation if you suffered damages as a result of police mistreatment during an investigation. You may suffer damages that result in material losses. Mistreatment may also leave psychological effects and suffering, for which you can seek moral compensation.
Compensation in a criminal case
A prosecutor may open a criminal case against police officers 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 police officers will not qualify as a criminal offence. But, this does not mean that certain activities of police officers during the investigation did not violate your rights. In these situations, the prosecution can only issue a decision, which states whether certain behaviour during the investigation amounted to a violation of your rights. They cannot decide to grant you compensation for damages.
In such a case you can raise a claim against the State in an administrative court. You can use the decision of the prosecution as evidence that an unlawful activity took place, as a result of which you sustained damages.