How do you request compensation in a case of unlawful detention due to the decision of a judge?
You have the right to compensation if you have been kept unlawfully detained due to the decision of a judge. In Estonia, this right is included in the national Constitution (Põhiseadus).
Situations
Unlawful detention resulting from the decision of a judge can take place in the following situations:
- When Police and Border Guard Board have applied to detain you after 48 hours to the court and the judge has given the permission for it. However, at a further appeal, a higher court later quashes the judge’s decision.
- When a judge made a decision to prolong your detention, but at an appeal, a higher court quashes the judge’s decision.
How to request compensation
You have the right to receive compensation if, after you appealed the decision of a judge to keep you detained, the appeals instance quashes the decision.
The appeals instance cannot, however, decide on the compensation for the unlawful detention. Therefore, the compensation claim should be submitted to Administrative court against the State. The claim has to be based directly on Article 25 of the Constitution of the Republic of Estonia and the provisions of State Liability Act. The procedure in this case is explained in the Code of Administrative Court Procedure. When filing the claim, you should explain all the relevant facts, the particular rights which have been violated in your opinion and how they have been violated.
The compensation claim can include both material damages and moral compensation. You may claim financial compensation for non-patrimonial damage (moral damage) upon wrongful degradation of dignity, damage to health, deprivation of liberty, violation of the inviolability of home or private life or the confidentiality of messages or defamation of honour or good name of the person. Patrimonial damage (material damage) shall be compensated for in money. Compensation shall create the financial situation in which you would be if your rights were not violated. If you suffer a bodily injury or health damage, you may claim compensation for expenses caused thereby. You may also claim compensation for the following expenses:
- expenses for necessary medical treatment
- expenses caused by increased needs
- loss of income due to incapacity for work, including damage caused by a decrease in income or worsening of further economic opportunities