You can only try to obtain compensation for a violation of your human rights if you have tried to prevent or rectify that violation during the trial, where it was possible.
If you still think that the violation of your right to a fair trial was not corrected, to obtain compensation for such a violation you will need to:
There are several ways that you can verify whether your rights have been violated.
1. Civil court
You can apply to the court of first instance (court of general jurisdiction) on the basis of Article 92 of the Constitution (Satversme). This article guarantees that every person whose rights have been violated is entitled to compensation.
You should file the claim against the Ministry of Finance of Latvia as the representative of the state. You should ask the court to establish whether there was a violation and to grant you compensation.
2. Human rights institutions
You can also apply to special institutions whose task it is to establish whether there has been a human rights violation.
On a national level you can apply to the Ombudsman or in certain situations the Constitutional Court. On an international level you can apply to the European Court of Human Rights or to the United Nations Human Rights Committee.
important Each of the national and international human rights institutions has specific functions and powers. Read more about human rights institutions and see what they can do in your situation.
If the institution establishing a violation of your rights can also award compensation, you must ask for it when you first submit your complaint. Otherwise you can ask for it separately. Remember that compensation is not only financial (money). It can also be in the form of an apology or a reversal of the consequences you have suffered due the violation.
Not every institution that can establish a violation of your rights can also award compensation. Bodies that can award compensation are the courts of first instance (courts of general jurisdiction) and the European Court of Human Rights. The Human Rights Committee can only recommend compensation.
If you have applied to the Ombudsman or the Constitutional Court and they have decided that your rights have been violated, you should file a compensation claim against the Ministry of Finance of Latvia as the state representative to the court of first instance (court of general jurisdiction). You should ask the court to recognize that violation and award compensation.
Article 6, 13
Article 14, 2(3)a)
6 June 2012
5 December 2001
24 November 2010