How do you complain about mistreatment by the police and ask for compensation?
Right to complain
If you believe that police officers have treated you unlawfully during your arrest, you have the right to complain about their behaviour.
You have the right to complain if you believe that the police used excessive force when arresting and/or escorting you, and also during your stay in your cell. You can also complain if the police did not ensure that your basic needs were met. For example, they did not provide you with food or water, did not call for medical aid when necessary or if they did not allow you to inform your family or employer about your arrest. You should also note that use of excessive force or denying you basic needs, such as food or water, will still be considered a violation of your human rights even if the arrest itself were lawful (according to legally provided grounds and procedures).
Duty to investigate
If a police officer has used unjustified force against you or committed other serious deed, an investigation should be carried out thoroughly, independently and effectively. The prosecutor should start a criminal investigation. In such a case, evidence should be collected and decisions made according to the rules outlined in the Criminal Procedure Code.
Requirements for investigation
The investigation must be effective. This means that:
- the investigation should be begun promptly (as soon as possible after the incident)
- all available evidence should be collected (eyewitness testimony, medical reports etc.)
- the investigation should be independent – the investigating person should not be connected with any of the involved parties
- at the end of the investigation, all involved in the incident parties should be identified and, where required, punished
Where to submit the criminal complaint?
Mistreatment or disrespect of your rights by the police that may be considered as criminal offence (as in the case of excessive use of force) should be investigated by the prosecutor (in the most severe cases by a prosecutor from the Prosecution Office for Combating Organized Crime and Special Cases). To complain about the behaviour of a police officer, you can submit a complaint to the Prosecution Office. If you do not know which prosecutor to write to, you can simply address your complaint to the Prosecution Office in general. Your complaint will be forwarded to the relevant official within the prosecution. You might be asked for more explanations or documentation, if necessary. You have the right to receive a response to your complaint in writing – the prosecutor should decide whether to open the criminal prosecution within 45 days or within 15 days if the complained deed may be considered as torture, inhumane or degrading treatment. Where and when you can appeal the decision must be indicated in the decision.
Where to submit a disciplinary complaint?
Often, the mistreatment or disrespect of your rights by the police cannot be considered criminal offence, but may be subject to disciplinary investigation. In such cases, a complaint should be submitted to the Internal Protection and Anti-corruption Service of the Ministry of Internal Affairs, which can investigate whether the violation against you resulted in a disciplinary breach (misconduct). The police might ask you for more explanations or documentation, if necessary. You can read more about the Internal Protection and Anti-corruption Service, their responsibility and contact information on the website of the Ministry of Internal Affairs.
You have the right to receive a response to your complaint in writing.
Impact on your criminal case
If you believe that your mistreatment could be related to, and leave an impact on your rights in your criminal case, read more about the complaint mechanisms.
Compensation
You can also request compensation if you believe that your rights were violated due to the mistreatment by the police.
Read more how to request compensation: