How do you ask for compensation in a case of unlawful detention on remand?
Right to compensation
You have an opportunity to seek compensation if you believe that you have been unlawfully detained on remand. In Latvia, this right is included in the national Constitution (Satversme).
Situations
You can seek compensation in the following situations:
- You have been detained on remand but you are later acquitted or the criminal case is terminated against you because of exonerating circumstances. In such cases you can seek compensation for damages according to a special law.
- Where after you had appealed the detention decision, the higher court decided that the investigative judge or the lower court had made a wrong decision regarding the lawfulness of your detention. The higher court can quash the decision to keep you detained but it cannot decide on the compensation for unlawful detention.
Therefore, the compensation claim in this case should be submitted against the State in a court of general jurisdiction. The claim has to be based directly on Article 92 of the Constitution of the Republic of Latvia. The procedure in this case is explained in the Civil Procedure Law.
When filing the claim, you should explain all the relevant facts, the rights which, in your opinion, have been violated and how. The compensation claim can include both material damages (for example, a loss of profit because you could not go to work) and moral compensation (for example, the humiliation you suffered from being detained).