How do you complain about conditions in the place of detention?
Complaint to the administration of the detention centre
If you are not satisfied with a particular situation at the detention centre, you can try to solve the issue by communicating it to the staff of the detention centre. If they are not able or willing to help, you should submit a complaint to the head of the detention centre. You can also claim compensation if you believe that you have suffered any material or moral damages because of inappropriate conditions, however in this case you have to file a lawsuit to the Administrative Court.
What to write
When filing a complaint, you should explain all the relevant facts, the type of violation, how it occurred and add any evidence that you have. If necessary, the institution may ask you for additional explanations or documentation.
Procedure
You have the right to receive a response to your application in writing within two months. However it is very likely the administration of the detention center will not give you a written response. In this case you can address your complaint to the Ministry of the Interior and/or to the Human Rights Ombudsman.
However if you believe your rights have been violated and you want to demand compensation, you have to file a lawsuit to the Administrative Court. Your claim for compensation will only be considered if a violation is found.
Appeal
If you are not satisfied with the decision or the response of the detention center's administration, you can appeal to a higher institution – The Ministry of the Interior. The decision has to indicate the deadline and the institution for the appeal. However, you should consider addressing your complaint also to the Ombudsman or specifically to the National Preventive Mechanism established within the Ombudsman’s Office.
Complaint to the Health Inspectorate
If you were seen by a doctor during your detention period and you were not satisfied with the quality of the treatment received, you should submit a complaint to the Health Inspectorate of the Ministry of Health. The Health Inspectorate will consider your application free of charge, make a decision about the next appropriate steps and ask you for further documentation, if necessary. The inspectorate must respond to you within two months.
Lawsuit for compensation
You can also claim compensation if you believe that you have suffered any material or moral damages because of inappropriate conditions. In this case you have to file a lawsuit to the Administrative Court.
It is necessary to file a lawsuit with the Administrative Court for a subsidiary administrative dispute for the protection of constitutional rights (Article 4 of Administrative Dispute Act) and demand compensation there. It is a matter of alleging violations of fundamental rights (prohibition of inhuman treatment), for which there is no other basis in law but the so-called subsidiary administrative dispute.