How to ask for compensation in a case of unlawful detention on remand?
Right to compensation
You have an opportunity to seek compensation if you believe that you have been unlawfully detained on remand. In Lithuania, this right is included in the national Constitution.
Situations
You can seek compensation in the following situations:
- You have appealed you detention and the higher court has decided that it was unlawful. In such a case you can either receive compensation without further procedures under a special law, or you can apply to a court of general jurisdiction for compensation for an unlawful arrest.
- You have appealed your detention but the final decision was not favourable to you or you did not appeal your detention. In such a situation if you believe that detention has violated your rights nonetheless, you can apply for compensation to a court of general jurisdiction.
note Under such circumstances it is often better to apply to the court after the criminal case against you is over, as the court deciding on the lawfulness of your detention will most likely be taking the outcome of your criminal case into account and may halt the proceedings until that case is finished. However, the claim for compensation must be submitted within three years of your detention.