Right to seek compensation

If you challenge the decisions taken and/or the activities carried out in the course of investigative and operational actions, the authorities will examine the lawfulness and proportionality of those measures. However, you may also feel that these actions have caused you material and moral harm and distress. If they have been performed in an unlawful manner, the harm done should be compensated. Your right to seek compensation in the case of a violation of your right to private life is stipulated in the Constitution of the Republic of Latvia.

Compensation for unlawfully performed investigative action

If you want to receive compensation for unlawfully applied investigative action within criminal proceedings, you can submit an application to the court of general jurisdiction (civil court).

You should provide arguments as to which activities were unlawful and why or applied in a disproportionate way, indicate the amount of the requested compensation, and add relevant documents that substantiate your opinion, if there are any. For example, a prosecutor’s decision in which the investigative actions performed against you have been found to be unlawful might be important evidence.

Compensation for unlawfully performed operational action

If you want to receive compensation for unlawfully applied operational action, you should submit an application to a court of general jurisdiction (civil court).

You should provide arguments as to which activities were unlawful and why or were applied in a disproportionate manner, indicate the amount of the requested compensation, and add relevant documents that substantiate your opinion, if there are any.

However, you may encounter obstacles in challenging the lawfulness of the operational actions applied and in seeking compensation. If you believe that the national law does not provide effective safeguards against potential abuses and misuses of your personal data and the ordering of compensation in case of operational actions, you may challenge ineffective legal regulation. Read how to challenge ineffective legal regulation.

Human Rights Guide

A European platform for human rights education