You can only try to obtain compensation for a violation of your right to a fair trial if you have tried to prevent or rectify that violation during the trial where it was possible.
If you still think that the violation of your right to a fair trial was not corrected, to obtain compensation for such violation you will need to:
There are several ways that you can establish whether there has been a violation and claim compensation:
1. Civil court
You can apply to the court of first instance (court of general jurisdiction) on the basis of Article 30 of the Constitution. This article guarantees that every person whose rights have been violated is entitled to compensation.
You should file the claim against the State of Lithuania, represented by the Ministry of Justice.
You should ask the court to establish whether there was a violation and to grant you compensation. Bear in mind that, in this procedure you will be in a trial against the State and you will have to prove that your human rights were violated.
2. Human rights institutions
You can also apply to special human rights institutions whose task it is to establish whether there has been a human rights violation.
If you were illegally detained or sentenced by a court, you can apply to the Ministry of Justice of Lithuania requesting the compensation.
On an international level, you can apply to institutions such as the European Court of Human Rights or to the United Nations Human Rights Committee.
important Each of the national and international human rights institutions has specific functions and powers and specific appeal procedures. Read more about human rights institutions and see what they can do in your situation.
If the institution establishing a violation of your rights can also award compensation, you must ask for it when you first submit your complaint. Otherwise, you can ask for it separately. Remember that compensation is not only financial (money). It can also be in the form of an apology or a reversal of the consequences you have suffered due the violation. In some cases, the establishment of a violation is the compensation itself.
Not every institution that can establish a violation of your rights can also award compensation. Bodies that can award compensation are the courts of first instance (court of general jurisdiction) and the European Court of Human Rights. The Human Rights Committee can only recommend compensation.