How do you claim compensation in a case of abuse by border guards or other staff at the Foreigners Registration Centre?
You can also ask for compensation if you have suffered damages as a result of abuse by border guards or FRC staff. The damages may have resulted from a wide range of behaviour. For example, the excessive use of force, physical and verbal abuse etc. Therefore, you can ask for both material damages and moral compensation.
Compensation in a criminal case
If you have addressed a police or prosecution, and an investigator opened a criminal case against the border guards or FRC officials involved, on the basis of your complaint, you can ask for compensation for damages as the victim in criminal proceedings.
If the compensation claim cannot fully redress your damages within criminal proceedings, you have the right to seek these damages by filing a civil claim against the accused.
In some cases, you as the victim, also have rights to compensation from the State. You can seek damages from the state by filing an administrative claim. Read more about this in the Law on Administrative Proceedings or Law on Compensation of Damage caused by Unlawful Actions of State Institutions.
Compensation in administrative proceedings
There may also be situations where the actions of border guards or FRC officials will not qualify as a criminal offence. However, a violation of your rights may still be found. In this case, you should ask for compensation from the State either in the administrative court and by addressing the Ministry of Justice.
If you address the Ministry of Justice, you can claim material damages of maximum 2900 euro, and moral compensation not exceeding 1500 euro. The procedure in this case is explained in the Law on Compensation of Damage caused by Unlawful Actions of State Institutions.
The procedure for how to submit an application to the administrative court and how it will be considered is explained in the Law on Administrative Proceedings.
If you are not satisfied with the decision, you can appeal their decision to the Supreme Administrative Court of Lithuania. The decision must contain information about the deadline and the procedure.