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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: On 25 April 2017, the European Court of Human Rights delivered a pilot judgment (Rezmives and others v. Romania) urging the Romanian Government to take measures to resolve the structural dysfunction relating to conditions of detention in prisons and police cells. The Court encouraged the Romanian State to introduce measures to reduce overcrowding, as well as a specific compensatory remedy to ensure that appropriate compensation could be awarded for any violation of the Convention concerning inadequate living space and/or precarious material conditions. In light of the above, the Romanian Government intend to reduce prison overcrowding and to introduce a compensatory remedy. Please, provide information on your legislation on compensatory remedy for poor conditions of detention, in particular:
At the moment Lithuania has no special compensation mechanism for poor conditions of detention. In such cases the judicial procedure is applied.
What categories of persons may benefit of this measure?An inmate willing to be get compensation must apply to court which deals with the issues of non-pecuniary damage
Is it an administrative or a judicial procedure or a combination of both and can it be challenged?Judicial procedure
Who is competent to implement the measure and for how much time is the compensation awarded retroactively?In the context of disputes over poor conditions of detention a limitation period of 3 years is established. Court decisions where compensation for non-pecuniary damage is awarded are carried out by the Ministry of Justice
What is the amount that may be awarded and is there an upper limit for compensation?Current case-law established the practice that for one day in poor detention conditions an inmate may be awarded 9 to 15 eur. There is no upper limit for non-pecuniary damage compensation
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Legislation of pre-trial detention and prison sentence execution conditions does not explicitly regulate any compensatory measures that would apply in case of a potential breach of Rule 3 of the Convention due to overcrowding of prisons. Only domestic and international bodies for protection of fundamental rights and freedoms (the ombudsperson, prosecution, the court system, Constitutional Court of the Slovak Republic, ECHR) can decide about a real breach of Article 3 of the Convention, legally binding compensation and damages.
What categories of persons may benefit of this measure?System of legally binding compensation and damages is based on the individual petitions (legal actions) and individual examination of each case.
Is it an administrative or a judicial procedure or a combination of both and can it be challenged?See answer to point 1.
Who is competent to implement the measure and for how much time is the compensation awarded retroactively?See answer to point 1 and 2.
What is the amount that may be awarded and is there an upper limit for compensation?See answer to point 1 and 2. Questions 4 and 5 cannot be answered, as bodies mentioned above have not designated the conditions in Slovak prisons as a breach of Article 3 of the Convention.
Persons deprived of their liberty and are or were on the execution of prison sentence or investigation prison or in prisons of the Directorate for Prison System and Probation of the Ministry of Justice, who consider that conditions during their stay in prisons or penitentiaries were not in line with international standards or that they were contrary to Article 3. of the European Convention on Human Rights, may, accordance with the provisions of the Civil Obligations Act and the Civil Procedure Act, apply for a request for a peaceful resolution of the dispute and then submit a lawsuit for indemnity. This claim is raised because of the violation of personal right during the execution of the prison sentence or the investigative prison.
What categories of persons may benefit of this measure?This refers to all categories of persons deprived of their liberty.
Is it an administrative or a judicial procedure or a combination of both and can it be challenged?Compensation may be awarded by the competent municipalThe amount of indemnity is not determined, the same depends on the individual case of violation of Article 3 of the European Convention on Human Rights. civil courts of the Republic of Croatia after the judicial litigation has been conducted.
Who is competent to implement the measure and for how much time is the compensation awarded retroactively?Ministry of justice. Pursuant to the Civil Obligations Act, statute of limitations for compensation claims arises within 5 years from the date of the damage.
What is the amount that may be awarded and is there an upper limit for compensation?The amount of indemnity is not determined, the same depends on the individual case of violation of Article 3 of the European Convention on Human Rights.
Yes – in principle damages are available as a discretionary remedy under section 8 of the HRA 1998 in this scenario after a court has found that there has been a breach of article 3.
What categories of persons may benefit of this measure?Anyone who has been a victim of the ECHR breach can in principle benefit from this measure.
Is it an administrative or a judicial procedure or a combination of both and can it be challenged?Judicial discretion under section 8 of the HRA 1998.
Who is competent to implement the measure and for how much time is the compensation awarded retroactively?Any court or tribunal who has the power to award damages/compensation in civil proceedings. In the context of prisoners in England and Wales, this would generally be the Administrative Court upon a judicial review, or alternatively the prisoner could bring a private law claim for damages for breach of ECHR rights in the county court.
What is the amount that may be awarded and is there an upper limit for compensation?There is no cap on the quantum of damages that can be granted under section 8. The domestic courts are obliged to have regard to the Strasbourg case law when deciding on the appropriate quantum of damages. Awards under section 8 of the HRA 1998 are generally modest in nature.
In the practice of national courts it is recognized that not providing the imprisoned persons with appropriate living conditions (including the conditions that would violate Article 3 of the European Convention of Human Rights if they are not provided) is considered as the actual action of the state government institution (i.e. the action of the respective imprisonment place) within the understanding of the Section 89 of the Administrative Procedure Law. However, the loss, caused by unlawful actual action of institution, the type of compensation, the basis and amount, as well as the procedure in which a person is granted compensation for their losses, is set in the Law on Compensating the Losses Caused by State Government Institutions. This law states person's right to compensation for monetary and non-monetary (personal and moral) damages.
What categories of persons may benefit of this measure?According with the Law on Compensating the Losses Caused by State Government Institutions, all private persons whose rights (rights as guaranteed by the Constitution of the Republic of Latvia and the European Convention of Human Rights) have been violated by an unlawful administrative act or unlawful action from State government institution, have the right to an appropriate compensation for monetary or non-monetary loss.
Is it an administrative or a judicial procedure or a combination of both and can it be challenged?Initially (imprisoned) person turns to overseeing institution, i.e. Latvian Prison Administration; with an application regarding inadequate living conditions in imprisonment place that in his opinion is a violation of Article 3 of the European Convention of Human Rights. Latvian Prison Administration then examines this application and makes a decision (administrative act) either approving or rejecting the claim. The imprisoned person has the right to appeal this Latvian Prison Administration decision (administrative act) in Administrative court.
Who is competent to implement the measure and for how much time is the compensation awarded retroactively?According with the Law on Compensating the Losses Caused by State Government Institutions, the compensation for the losses as stated in this law can be set by the institution (Latvian Prison Administration) and by the administrative court. According with Section 91 Part 1 of the Administrative Procedure Law, A person, who considers that their rights or legal interests are or may be infringed by a planned or an already commenced actual action of an institution, may apply to the institution with a submission regarding a change of intention on the part of the institution in regard to the actual action. And according with Section 79 Part 1 of the Administrative Procedure Law, an administrative act may be disputed within a one-month period from the day it comes into effect, but if there is not set out in an administrative act issued in writing a statement as to where and within what time period it may be disputed - within a one-year period from the day it comes into effect.
What is the amount that may be awarded and is there an upper limit for compensation?When deciding the amount for the compensations, several conditions and factors are taken into consideration – duration of the violation; participation of persons; all inappropriate living conditions that led to violation of human rights; the amount of compensation awarded in other similar cases etc. According with Section 13 Part 3 of the Law on Compensating the Losses Caused by State Government Institutions, monetary loss is compensated in the following amounts: if the calculated amount is equal or less than 145 000 EUR – 100% of the amount; if the calculated amount is more than 145 000 EUR but is equal or less than 1 450 000 EUR – 145 000 EUR plus 50–100% of the amount exceeding 145 000 EUR; if the calculated amount is more than 1 450 000 EUR – less than 50% of this amount can be compensated. However, the compensation for non-monetary loss can be set as max 7000 EUR. If a serious non-monetary loss has occurred, the compensation can be set as 10 000 EUR; but, if a violation towards life or a serious harm to health has occurred, the compensation can be set as max 30 000 EUR (Section 14 Part 4 of the Law on Compensating the Losses Caused by State Government Institutions).
No, there is no such specific provision. There are however provisions in the Tort Liability Act (1972:207) concerning damages caused by the State.
What categories of persons may benefit of this measure?Anyone can seek for compensation under the Tort Liability Act (1972:207). It is then a matter to determine for the competent Authority or the Court.
Is it an administrative or a judicial procedure or a combination of both and can it be challenged?It is possible to seek for compensation at the Office of the Chancellor of Justice or the competent Authority. It is also possible for the injured party itself to initiate court proceedings.
Who is competent to implement the measure and for how much time is the compensation awarded retroactively?See above.
What is the amount that may be awarded and is there an upper limit for compensation?There is no upper limit for compensation, the amount depends on the damages at issue. It is a matter to determine for the competent Authority or the Court.
General answer: In the Netherlands we don't have compensatory remedies for poor detention conditions.
What categories of persons may benefit of this measure? Is it an administrative or a judicial procedure or a combination of both and can it be challenged? Who is competent to implement the measure and for how much time is the compensation awarded retroactively? What is the amount that may be awarded and is there an upper limit for compensation?The State Liability Act regulates relevant compensation measures as it 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).
What categories of persons may benefit of this measure?According to the State Liability Act, any person whose rights are violated by the unlawful activities of a public authority in a public law relationship (injured party) may claim compensation for damage caused to the person if damage could not be prevented and cannot be eliminated by the protection or restoration of rights in the manner provided for in §§ 3, 4 and 6 of this Act (accordingly: claim for repeal of administrative act, claim for termination of measure, claim for refrainment from administrative act or measure.
Is it an administrative or a judicial procedure or a combination of both and can it be challenged?According to Imprisonment Act, a prisoner or a person in custody has the right of recourse to an administrative court for compensation for damage caused by a prison on the condition that the prisoner or the person in custody has previously submitted an application for compensation for damage pursuant to the procedure provided for in the State Liability Act to the prison and the prison has returned the application or refused to satisfy the application or to review the application during the term. If a challenge or an application is rejected due to the reason that the person filing the challenge or application failed to eliminate the deficiencies in the challenge or application within the designated term, the prisoner or the person in custody has no right to file an application with an administrative court concerning the same object of the challenge proceedings or an application for compensation for damage.
Who is competent to implement the measure and for how much time is the compensation awarded retroactively?To receive compensation for damage, an application may be submitted to the administrative authority which caused the damage or an action may be filed with an administrative court. Either the prison or the administrative court is competent to implement the measure, depending to whom the claim was filed. An administrative authority is required to adjudicate an application within two months as of the submission thereof as required. If an administrative authority denies an application for compensation for damage or fails to adjudicate an application on time or if the injured party does not agree to the amount or manner of compensation, the injured party may file an action with an administrative court within thirty days for the order of payment of compensation An application or action shall be filed within three years as of the date on which the injured party became aware or should have become aware of the damage and of the person who caused it, but not later than within ten years as of the causing of damage or the event which caused the damage regardless of whether the injured party became aware of the damage and of the person who caused it.
What is the amount that may be awarded and is there an upper limit for compensation?The State Liability Act does not set down limits to the amounts that may be awarded. However, The State Liability Act does stipulate that non-patrimonial damage shall be compensated for in proportion to the gravity of the offence and taking into consideration the form and gravity of fault.
In Belgium, there are no compensatory remedies for inadequate material detention conditions. However, under civil liability law, detainees are able to claim compensation before the civil court, in which case they must prove error, damage and causality.
What categories of persons may benefit of this measure? Is it an administrative or a judicial procedure or a combination of both and can it be challenged? Who is competent to implement the measure and for how much time is the compensation awarded retroactively? What is the amount that may be awarded and is there an upper limit for compensation?