How do you request compensation in a case of an unlawful detention?
You have the right to compensation if you have been unlawfully detained. In Slovenia, this right is included in the National Constitution (Article 26 and 30).
Situations
- You are an irregular migrant, the police detained you illegally at the Center for Foreigners. The Administrative Court annuls the decision of the police.
- You are an asylum seeker, the Ministry of the Interior illegally detain you at the Asylum Home or the Center for Foreigners. The Administrative Court annuls the decision of the Ministry.
How to request compensation
You have the right to receive compensation if, after you appealed the decision of detention, the appeals instance quashes the decision. When you appeal against the decision of detention at the Administrative Court, you should immediately also claim compensation for unlawful detention.
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).