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 detention, 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 supervisor of the police officers that were responsible for the mistreatment first. It is the supervisor’s responsibility to handle the complaint and to forward it to other responsible authorities if necessary. You can also submit a complaint directly to court. Read more about the submission of the complaint.
Compensation in a criminal case
An investigator may open a criminal case 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 the compensation claim cannot or cannot fully redress your damages within criminal proceedings, you have the further right to ask for these damages by filing a civil claim. In some cases you also have the right to receive compensation from the State as a victim. Read more about this in the Victim Support Act.
Compensation in administrative proceedings
There may also be situations where the actions of the police will not qualify as a criminal offence. However, there may still be a violation which qualifies as a disciplinary violation and infringes your human rights. In this case, you should submit the claim for compensation to the police department to which you complained. The procedure explaining how to submit the application and how it will be considered can be found in the State Liability Act.