How do you request compensation in case of unlawful detention due to the decision of a judge?
You have the right to compensation if you have been kept unlawfully detained due to the decision of a judge. In Slovenia, this right is included in the National Constitution (Article 26 and 30).
Situations
Unlawful detention resulting from the decision of a judge can take place in the following situations:
- When you have appealed the lawfulness of your detention to the court and the judge has left the situation unchanged. However, at a further appeal, a higher court later quashes the judge’s decision.
- When a judge made a decision to prolong your detention, but at an appeal, a higher court quashes the judge’s decision.
How to request compensation
You have the right to receive compensation if, after you appealed the decision of a judge to keep you detained, the appeals instance quashes the decision. The appeals instance cannot, however, decide on the compensation for the unlawful detention. Therefore, in this 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 26 and 30 of the Constitution of the Republic of Slovenia.
The procedure in this case is explained in the Contentious Civil Procedure Act.
When filing the claim, you should explain all the relevant facts, the particular rights which have been violated in your opinion and how they have been violated. The compensation claim can include both material damages (for example, the loss of profit because you could not go to work) and moral compensation (for example, the humiliation you suffered from being detained).