You can only try to obtain compensation for a violation of your right to a fair trial if you have tried to prevent or rectify that violation during the trial where it was possible. This is especially important if your criminal trial was not conducted within a reasonable time. In that case you should ask the court to reduce your prison sentence if you have been sentenced with a deprivation of liberty.
If you still think that the violation of your right to a fair trial was not corrected, to obtain compensation for such violation you will need to:
There are several ways that you can establish whether there has been a violation and claim compensation:
1. Civil court
You can apply to the court of first instance (halduskohus, maakohus) on the basis of Article 25 of the Constitution (Põhiseadus) and the State Liability Act. This article guarantees that every person whose rights have been violated is entitled to compensation. You should file the claim against the relevant public authority of Estonia as the representative of the state.
You should ask the court to establish whether there was a violation and to grant you compensation. Bear in mind that in this procedure you will be in a trial against the State and you will have to prove that your human rights were violated.
2. Human rights institutions
You can also apply to special human rights institutions whose task it is to establish whether there has been a human rights violation.
On a national level you can apply to the Chancellor of Justice. If the Chancellor of Justice decides that there has been a violation of your right to a fair trial, you should file a compensation claim against the relevant public authority of Estonia as the state representative to the court of first instance (halduskohus, maakohus).
On an international level you can apply to the European Court of Human Rights or to the United Nations Human Rights Committee.
important Each of the national and international human rights institutions has specific functions and powers. Read more about human rights institutions and see what they can do in your situation.
If the institution establishing a violation of your rights can also award compensation, you must ask for it when you first submit your complaint. Otherwise you can ask for it separately. Remember that compensation is not only financial (money). It can also be in the form of an apology or a reversal of the consequences you have suffered due the violation.
Not every institution that can establish a violation of your rights can also award compensation. Bodies that can award compensation are the courts of first instance (maakohus, halduskohus) and the European Court of Human Rights. The Human Rights Committee can only recommend compensation.
If you have applied to the Chancellor of Justice and it has decided that your rights have been violated, you should file a compensation claim against the relevant public authority of Estonia as the state representative to the court of first instance (maakohus, halduskohus). You should ask the court to recognize that violation and award compensation.