How do you claim compensation in a case of abuse by border guards?

You can also ask for compensation if you have suffered damages as a result of abuse by border guards. The damages may have resulted from a wide range of behaviour. For example, the excessive use of force, physical and verbal abuse etc. Therefore, you can ask for both material damages and moral compensation.

Compensation in a criminal case

If an investigator opens a criminal case against the border guards involved, on the basis of your complaint, you can ask for compensation for damages as the victim in criminal proceedings.

If the compensation claim cannot or cannot fully redress your damages within criminal proceedings, you have the further right to seek these damages by filing a civil claim.  In some cases, you as the victim, also have rights to compensation from the State. Read more about this in the Law on State Compensation to Victims.

Compensation in administrative proceedings

There may also be situations where the actions of border guards will not qualify as a criminal offence. However, a violation of your rights may still be found. In this case, you should ask for compensation from the same unit of the State Border Guard, against whose actions you are complaining.

The procedure for how to submit an application and how it will be considered is explained in the Law on the Compensation of Damages Caused by the State Institutions. You have the right to receive a response to your application in writing within one month.

If you are not satisfied with the decision, you can appeal their decision to a higher institution. The decision must contain information about where you can appeal the decision and how.

Resources

Last updated 29/03/2023