Learn about the ways to complain and obtain compensation where you think your right to a fair trial has been violated.

Complaint procedures

You can prevent a violation of your right to a fair trial during court proceedings by using various avenues of appeal. You should try to use these avenues, because if you don’t, you will not be able to claim that the violation was important to you and that you are entitled to compensation because it was not rectified.
 
There are several ways you can prevent or rectify a violation of your rights during the trial. These complaint procedures have been created exactly for that purpose and if you don’t use them, you won’t be able to complain to the ombudsman or international human rights institutions.

Appeals

In Slovakia, any valid decision of an administration court of first instance can be challenged by a cassation complaint for reasons stipulated by the Code of Administrative Court Procedure. Exceptions are some resolutions of a procedural nature, which cannot be challenged (e.g. on extension of time, on costs of proceedings).
 
It is very important to observe the time limit allowed for a cassation complaint. You may lounge a complaint within 30 days after the first instance decision is delivered.
 
example If the court decides on a point of law in a way that deviates from the established decision-making practice of the Supreme Court (Court of Cassation), it is possible to file a cassation complaint.

Reasonable time limits

If you consider that your trial has exceeded time limits that are reasonable, you should write an application to the chief justice of that court.
 
important Some complaints have to be submitted as soon as you have discovered a potential violation. For example, if you have found out about reasons why a judge in your case may not be objective or impartial, you should raise that issue as soon as possible.

Human rights institutions

If a violation of your right to a fair trial has not been rectified during the trial, you can apply to national or international human rights institutions to establish whether your rights have been violated and obtain compensation.
 
important Each of the national and international human rights institutions has specific functions and powers. Learn more about human rights institutions and see what they can do in your situation.

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Last updated 07/06/2021