To obtain a remedy for a violation of your rights, you first need to:
- establish that there was a violation of your rights
- claim compensation
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If you believe that prison staff or the Latvian Prison Administration have violated your rights and wish to receive compensation, you should write an application to the Latvian Prison Administration. You can submit your claim for compensation together with the general complaint about the violation of your human rights (read more about the general complaints procedure). You can also submit the claim after the Prison Administration, a court or other institution has established that your rights have been violated.
When the Latvian Prison Administration examines your application, it will usually determine whether your rights have been violated and order the prison staff to remedy the violation if it is necessary and if you have asked for this to be done. The procedure and time limits for the appeal must be indicated in the decision.
Involvement of other institutions
In some situations, other institutions like the Food and Veterinary Service, can establish that your rights have been violated. In that case you can ask for compensation from the Latvian Prison Administration. In your application you must explain which institution has established that your rights were violated.
The decision of the Latvian Prison Administration can be appealed in the Administrative Court. The procedure and time limits for the appeal must be indicated in the decision.
Compensation within a criminal proceedings
If you are recognized as a victim in criminal proceedings, you can ask for compensation during the criminal proceedings. Read more about compensation for victims of crime.
Remember that there are several types of remedies that you may receive. Depending on the gravity of the violation, it can be remedied by:
- a public or written apology
- reversal of the harm done to you
- a certain amount of money
The Law on Compensation for Damage Created by State Institutions limits the amount of money that you can seek for a violation of your rights. This includes compensation for the material losses (loss of money or your property), as well as compensation for any psychological suffering. If you want to receive a certain amount of money, you must explain why you are asking for that specific amount of money.
Articles 15 – 17, 22
Article 6, 13
19 October 2010
24 September 2013
20 April 2012
19 August 2008