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 arrest, 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 Prosecution Office and/or to the Internal Protection and Anti-corruption Service of the Ministry of Internal Affairs, depending on the substance of the breach of your rights. Read more about the submission of the complaint.
Compensation in a criminal case
A prosecutor 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 you have not requested compensation during the criminal trial, 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. In some cases you also have the right to receive compensation from the State as a victim. Read more about this in the Law on the Rehabilitation of Crime Victims.
Compensation in civil 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.
If you were acquitted or the criminal case is terminated against you because of exonerating circumstances, you should check the possibility to ask for compensation for damages according to a special law.
If you have a court decision or another document acknowledging that your rights have been violated, you may file a compensation claim against the Ministry of Finance of the Republic of Moldova as the state representative to the court. You should ask the court to award you compensation on basis of general tort liability rules (răspundere civilă delictuală).