Compensation for unlawful detention

How do I claim compensation for damages from unlawful detention?

Under certain circumstances, the police authorities may restrict the right to free movement of any person for a period of up to 24 hours by taking him to a territorial structure of the Ministry of Interior. Any detention is based on an order of a Ministry of Interior body, in compliance with a certain procedure, on specific grounds and in compliance with the law.

In most cases, a number of violations are allowed, and failure to comply with the detention order is also grounds for annulment of the detention itself. Anyone whose detention has been declared illegal by a final court decision may claim compensation for non-pecuniary damage caused.

Claims are filed with the administrative court at the place of the injury – where the person was detained. or at the current address of the injured party. The claims are filed against the authorities whose illegal acts, actions or omissions caused the damage.

Under what conditions can I claim compensation?

For your claim to be well-founded, the following prerequisites must be met simultaneously:

• to have an unlawful act (or action or inaction of
  body or official of the state or municipality, upon/or on the occasion of
  performance of administrative activities), which have been cancelled in accordance with the relevant procedure;
• there is harm from that act, action or omission;
• there must be a causal connection between the act (action or inaction and
  the harmful result that occurred.

In the absence of any of the elements, the responsibility of the state or municipality cannot be realized in the specified order.

In this regard, it is of utmost importance that, in the event of a detention that you consider unjustified, you appeal the order that should have been served on you. Appealing these acts is the only way to combat police violence and repression.

What compensation can I claim?

It is important to determine the amount of compensation in question by indicating the specific negative consequences that the unlawful detention has caused - stress, anxiety (personal and of relatives), change in lifestyle and relationships with colleagues or loved ones.

If you have suffered damages from illegal detention, the delikti.bg team can offer you a consultation to assess the chances of filing a claim for compensation on this basis.

This article does not constitute legal advice and aims to address certain aspects regarding fees and expenses due in legal proceedings. For more information on the above issues or if you need a consultation, please contact the delikti.bg team or submit your inquiry on the website of the Georgiev & Petrov Law Firm.