As a victim, you have the right to claim compensation for the harm that you have suffered due to a crime, including hate-motivated crime. This might be for physical or moral injuries and/or for damaged or lost property.
Request for compensation during criminal proceedings
In Estonia, you may request compensation during the pre-trial stage of criminal proceedings. The victim may file a civil action that lists damages and request for compensation within 10 days after examining the criminal file.
You may ask to be compensated for the loss of both:
- damaged or lost property
example A damaged car, or money that you have spent for your treatment.
- moral suffering
example If you had been kidnapped and held in captivity, you may request compensation for the moral suffering which you experienced. In addition, you may seek compensation for the moral suffering if you were physically injured because of a crime.
In criminal proceedings the property damage claim is free of state fees, but in case of moral suffering the right of claim is free of state fees solely in cases of civil actions related to injury, other health problems or death of the provider.
Amount of compensation
In determining the amount of your compensation for moral suffering, the court will consider:
- the gravity of the crime
- the injuries you suffered and their consequences
- the psychological trauma you may have suffered and other factors
Civil claim
If you have not requested compensation during the criminal proceedings, you can lodge a civil claim for damages. This claim must be submitted to the civil court. You can file a civil claim for damages even if the criminal court has acquitted the accused.
Compensation from the State
According to Estonian law, you can request a compensation according to Victim Support Act. You may apply for state guaranteed compensation only in cases where the criminal proceedings were initiated and you have obtained the official status of a victim in those proceedings.
If the victim’s application for state guaranteed compensation is denied, the victim has the right to file a challenge with the Estonian National Social Insurance Board or the decision can be appealed in accordance with the the Code of Administrative Court Procedure.
Compensation & Human rights
Compensation for victims is one of the components of proper redress in cases where suffering has been experienced from hate crimes. Therefore, the State is responsible, firstly, to ensure that the legal framework provides for an opportunity to request such compensation, and secondly, to ensure that the claims for compensation are considered by the pertinent state authorities according to law.
The failure to ensure the legal regulations providing for compensation, or the failure by the pertinent state authorities to award compensation according to the appropriate legal regulations, may result in a violation of the right to an effective remedy.