How to complain and claim compensation in the case of physical or verbal abuse by the police?

Complaint

The police must not deliberately abuse you while escorting you to the mental health care institution. For example, they must not use derogatory language towards you, handle you roughly or otherwise physically abuse you. If you believe that such mistreatment has happened in your case, you have the right to complain.

How to submit a complaint?

To complain about the behaviour of a police officer, you should submit a complaint to his/her direct supervisor. The supervisor will examine your submission together with two other police officers in charge of human rights and ethical issues. The police might ask you for additional explanations or documentation, if necessary. You can read more about the complaint procedure on the website of the State Police.

You have the right to receive a response in writing to your application 7 days after the internal check was carried out. If they find that the police officer/s had committed a crime they would forward the case file to the prosecution office. 

Compensation

If you have suffered damages as a result of the behaviour of a police officer, you have the right to compensation. You can seek compensation for both – material losses and moral damages.

You should first submit the complaint about your mistreatment to the supervisor of the police officers responsible for the mistreatment. It is the supervisor’s responsibility to handle the complaint further and forward it to other institutions if necessary. Read more about the submission of the complaint.

Criminal offence

You should file a complaint also to the district prosecution office. It is possible, that criminal proceedings will be started against the members of the police involved on the basis of your complaint. In this case you should seek compensation for damages as a victim in the criminal proceedings. If the compensation claim within the criminal proceedings cannot, or cannot fully, redress your damages, you have the further right to seek damages by filing a civil claim. In some cases, you as a victim, also have the right to compensation from the State. Read more about it in Read more about it in the State and Municipal Liability Act.

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Last updated 04/05/2019