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.
If you believe the conditions are so inappropriate, that you have suffered a violation of your basic rights, you can file a lawsuit to the Administrative Court and demand compensation.
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 that 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 Ombudsman.
However if you believe that 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 it 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 Human Rights 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
If you believe the conditions are so inappropriate, that you have suffered a violation of your basic rights, you can file a lawsuit to the Administrative Court and demand compensation.
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.
In the lawsuit, you must explain in detail the situation and the conduct of the staff that led to the violation of your fundamental right (prohibition of inhuman and degrading treatment).