Complaints about the lawfulness of detention

You have the right to challenge the lawfulness of your detention and request compensation in a case of unlawful detention.

Complaint

When you are detained by the Slovak police, you should be immediately informed that you have the right to examine the legality of the detention decision. 

However, appeal cannot be lodged against the detention decision, against the decision on extending the detention and against the decision on extending the detention period. You can file a complaint with the police department that detained you. You may lodge requests and complaints with public authorities of the Slovak Republic, which shall be sent by the police department immediately. 

You can bring a lawsuit against the police department to the Regional Court in Bratislava / Regional Court in Košice within 7 days from delivery of the decision. You can bring a lawsuit repeatedly, not earlier than 30 days after the last court decision. Procedure is described in the Code of Administrative Court Procedure.

What to write

When submitting your complaint, you should try to explain your situation, including all relevant facts, as well as the reasons as to why you believe that you should not be, or should not have been, detained.

Compensation

If you wish to ask for compensation because you believe that your detention was unlawful, you should do this separately from the legal action challenging the lawfulness of detention, according to the rules stipulated in the Act on Liability for Damage Caused in the Exercise of Public Power.

Legal relations, including the preliminary negotiation of a claim are governed by the Civil Code.

You can seek compensation for material damages as well as moral compensation. Material damage is a material loss, like the salary that you did not earn because you were unlawfully detained. Moral compensation may be granted for the humiliation and suffering you went through because of the unlawful detention.

Decision of a judge

A judge has to make a reasoned decision when considering the lawfulness of detention. The judge must evaluate whether there were any grounds to detain you, bearing in mind the specific circumstances of your case. The decision must not be merely formal and generic. The judge should evaluate all of the facts that the authorities have about you and are relevant to your situation.

Resources

Last updated 26/06/2023