Rigth to complain

During your arrest, the police authorities are allowed to conduct certain investigative activities, which also involve you. You can read more about investigative activities.

The police, or in some cases the prosecution, both have to respect your human and procedural rights when conducting the investigative activities. If you believe that your rights were violated, you can complain about the behaviour of the persons involved in the investigation.

What violations may occur during the investigation?

Certain violations of your human and procedural rights during an investigation may influence the outcome of your case. For example, where you have been threatened so as to give up information that incriminates you, or your lawyer has not been present at the interrogation, or you have not been given certain documents to which you are entitled. You can also complain about police mistreatment (the use of physical force or threats) during the investigation, even if you think that it did not have impact on the outcome of your case.

Where to submit the complaint?

You can complain about the behaviour of members of the investigation team to the supervising prosecutor. If you do not know who the supervising prosecutor is, you can simply address your complaint to the prosecution in general. Your complaint will be forwarded to the relevant person within the prosecution.

Submission deadlines

You must comply with the deadlines for the submission of your complaint. The deadline in this case is 10 days after you received the disputed decision or from when the behaviour occurred.  Keep in mind that it is always best to complain as soon as possible.

Decision

The prosecution will investigate the case and issue a decision within the time limits established by law. The decision will also contain information about where and when you can appeal the decision.

Compensation

You can also request compensation if you believe that your rights were violated during the investigative process.

Human Rights Guide

A European platform for human rights education