How do I claim damages from arrest violence?

Every citizen whose rights have been violated as a result of violence during arrest, as well as other illegal actions by the bodies of the Ministry of Internal Affairs, has the opportunity to seek compensation from the relevant state body. The Law on the Liability of the State and Municipalities for Damages (abbreviated as "ZODOV") holds the state, municipalities and their bodies and officials liable for damages resulting from unlawful acts, actions or omissions, which is the legal basis for seeking compensation under this law. You also have such a right in the event of violence during arrest.

Detention (arrest) and stay in a police station in the event of violence

In circumstances explicitly specified in the Ministry of Interior Act, police authorities may detain a person.

In some cases, the legislation of the Republic of Bulgaria allows police authorities, in order to perform their duties efficiently and effectively, to use force during detention. The force used must be proportional to the resistance offered.

According to statistics, 1/3 of the detainees in the Republic of Bulgaria have become victims of violence during arrest and/or violence during their stay in the relevant regional administration. In cases of particular violence, there is an excess of police powers by the law enforcement agencies, which is most often expressed in slapping, kicking, hitting with batons, choking, pushing, etc.

What is the order?

Claims are always brought against the authority responsible for the damage caused.

Claims are filed with the relevant administrative court, most often according to the place of detention, respectively the district administration where the arrested person was taken or at his permanent address.

What compensation can be claimed?

The amount of compensation depends on the type of damage you suffered. When claiming compensation for property damage, resulting from violence during arrest, are usually based on the costs incurred for treatment and recovery, as well as the lost profits for the relevant period.

When claiming compensation for non-pecuniary damage, the size is always determined by the court in justice and after assessing the overall situation in the specific case. The amount depends on the type and degree of violence used, the pain and suffering caused, feelings of fear, humiliation, violated dignity, defenselessness, etc. The refusal to provide legal protection is also undoubtedly a basis for claiming compensation. The degree of guilt of the perpetrator also affects the amount of damage and compensation.

What are the conditions for claiming compensation?

To successfully claim compensation for damages resulting from police violence, it must be proven that the police exceeded their authority and used more force than the law allows. The damages must be proven beyond a reasonable doubt.

Property damages are proven with documents certifying their existence, such as a medical certificate, receipts for paid expenses for treatment, reimbursement, etc.

Non-pecuniary damages are more difficult to prove, as they are part of the person's mental experiences. However, the proven degree of violence used influences the court's assessment of the amount of compensation. Non-pecuniary damages can be proven with an expert opinion from a psychologist or psychiatrist, with witness testimony, as well as in other ways, depending on the case.

If it is impossible to prove the use of violence during arrest, the responsibility of the state and its bodies in this regard cannot be realized.

In view of the above, if you believe that law enforcement agencies have unlawfully used force during your detention or subsequently during your stay in the detention center, you must definitely seek an effective way to protect your rights.