Compensation

If the prison staff, the Estonian Prison Administration or other authorities have violated your human rights, you may ask for the harm done to you to be remedied.

State Liability Act provides the bases of and procedure for the protection and restoration of rights violated upon the exercise of powers of public authority and performance of other public duties and compensation for damage caused (state liability).

To obtain a remedy for a violation of your rights, you first need to: 

  1. establish that there was a violation of your rights
  2. claim compensation

Learn more about:

Procedure

If you believe that prison staff or the Estonian Prison Administration have violated your rights and wish to receive compensation, you should write an application to the prison service. You can submit your claim for compensation together with the general complaint about the violation of your human rights (read more about the general complaints procedure). You can also submit the claim after the prison service, a court or other institution has established that your rights have been violated. 

When the prison service examines your application, it will usually determine whether your rights have been violated and order the prison staff to remedy the violation if it is necessary and if you have asked for this to be done. The procedure and time limits for the appeal must be indicated in the decision. 

Involvement of other institutions

In some situations, other institutions can establish that your rights have been violated. In that case you can ask for compensation from the prison. In your application you must explain which institution has established that your rights were violated.  

Appeal

The decision of the prison service or director of the prison can be appealed in the Administrative Court. You should file the appeal within 30 days from the day you received the decision. The procedure and time limits for the appeal must be indicated in the decision.

An administrative act shall contain a reference to the possibilities and place of and terms and procedure for the challenging of the administrative act. Absence of a reference to challenge does not affect the validity of an administrative act or alter a term for challenging thereof, or bring about other legal consequences. Absence of a reference to challenge may be deemed to be a good reason for allowing the term for challenging to expire, if the term is allowed to expire due to absence of a reference to challenge.  

Compensation within a criminal proceedings

If you are recognized as a victim in criminal proceedings, you can ask for compensation during the criminal proceedings. Read more about compensation for victims of crime.  

Types of remedies

Remember that there are several types of remedies that you may receive. Depending on the gravity of the violation, it can be remedied by:

  • a public or written apology
  • reversal of the harm done to you
  • a certain amount of money

You have the right to apply for compensation of the damages. This includes compensation for the material losses (loss of money or your property), as well as compensation for any psychological suffering. If you want to receive a certain amount of money, you must explain why you are asking for that specific amount of money. 

Human Rights Guide

A European platform for human rights education