How to request compensation for the decisions of a judge?

Right to compensation

You have the right to ask for compensation if you appealed the decision of a judge to keep you placed in a mental health care institution involuntarily and the chairperson of the court decides that the judge had made an unlawful decision regarding your placement. In Latvia, this right is included in the national Constitution (Satversme). 

Where to complain?

The chairperson of the court can quash the decision to keep you placed involuntarily but it cannot decide on the compensation for this unlawful placement. Therefore, in such a case, the compensation claim should be submitted to a court of general jurisdiction (civil court) against the State. The claim has to be based directly on Article 92 of the Constitution of the Republic of Latvia. 

Procedure

The procedure in this case is explained in the Civil Procedure Law. When filing the claim, you should explain all the relevant facts, and in your opinion, what rights have been violated and how. The compensation claim can include both material damages (for example, loss of profit because you could not go to work) and moral compensation (for example, the humiliation which you suffered from being detained).

Resources

Last updated 28/08/2021