How to complain and claim compensation in the case of physical or verbal abuse by the police?
Complaint
The police must not deliberately abuse you while escorting you to the mental health care institution. For example, they must not use derogatory language towards you, handle you roughly or otherwise physically abuse you. If you believe that such mistreatment has happened in your case, you have the right to complain.
How to submit a complaint?
To complain about the behaviour of a police officer, you should submit a complaint to his/her direct supervisor. The supervisor will either examine your submission himself/herself or, if necessary, will forward the complaint to the Internal Security Bureau, which can investigate whether the violation against you has resulted in a criminal offence. The police might ask you for additional explanations or documentation, if necessary. You can read more about the complaint procedure on the website of the State Police.
You have the right to receive a response in writing to your application within one month. The police might ask you for additional explanations or documentation, if necessary.
Compensation
If you have suffered damages as a result of the behaviour of a police officer, you have the right to compensation. You can seek compensation for both – material losses and moral damages.
You should first submit the complaint about your mistreatment to the supervisor of the police officers responsible for the mistreatment. It is the supervisor’s responsibility to handle the complaint further and forward it to other institutions if necessary. Read more about the submission of the complaint.
Criminal offence
It is possible, that criminal proceedings will be started against the members of the police involved on the basis of your complaint. In this case you should seek compensation for damages as a victim in the criminal proceedings. If the compensation claim within the criminal proceedings cannot, or cannot fully, redress your damages, you have the further right to seek damages by filing a civil claim. In some cases, you as a victim, also have the right to compensation from the State. Read more about it in the Law on State Compensation to Victims.
Disciplinary violation
There may also be situations where the actions of the members of the police will not qualify as a criminal offence. However, there may still be a violation that qualifies as a disciplinary violation. In this case, you should submit the claim for compensation to the police department that you complained to. The order for how to submit the application and how it will be considered is explained in the Law on the Compensation of Damages Caused by the State Institutions.