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.
The possibility of obtaining compensation depends mainly on the seriousness of the violation of your rights.
If you think that the violation of your right to a fair trial was not corrected, to obtain compensation for such violation you will need to:
- establish that there was a violation of your rights
- claim compensation
There are several ways that you can establish whether there has been a violation of your right to a fair trial and claim compensation:
1. Active use of remedies
You must try to correct an interference to the right to a fair trial by an appropriate means of remedy in civil proceeding – an appeal (odvolanie) or an appellate review (dovolanie). The legal grounds for its submission prescribed by the Civil Adversarial Proceedings Code concern precisely such interventions. If the court of second instance confirms that the procedure of the lower court or its judgment was contrary to law, it is possible to claim compensation for the damage caused by such a judgment or conduct of the lower court.
2. Constitutional Court
It may happen that the court of appeal (odvolací súd in Slovak) or the court of appellate review (dovolací súd in Slovak) do not identify a violation of the right to a fair trial. In such a case, it is necessary to seek redress in the Constitutional Court. If it identifies an infringement of your rights, it will in principle award financial compensation.
3. 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.
On a national level you can apply to the Ombudsman or in certain cases to the already mentioned Constitutional Court as well.
On an international level you can apply to 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. Read more about human rights institutions and see what they can do in your situation.
If the court of appeal (odvolací súd), the court of appellate review (dovolací súd) or the Constitutional Court establishes a violation of your rights, you can ask for compensation.
1. Court of general jurisdiction
In a first scenario, you must file the claim for compensation of damage. The Court of Cassation will not award compensation directly. You must first discuss your claim for damages with the Ministry of Justice. If, the Ministry does not agree with claimed damages within the preliminary hearing, you must then submit your claim in a court of general jurisdiction.
You should explain all the relevant facts, the rights which, in your opinion, have been violated and how. The compensation claim can include both material damages and moral compensation.
2. The Constitutional Court
In a second scenario, when you longed a constitutional complaint, you may ask financial compensation directly the Constitutional Court.
3. Other institutions
Not every institution that can establish a violation of your rights can also award compensation. Bodies that can award compensation are the courts of general jurisdiction, the Constitutional Court and the European Court of Human Rights. The Human Rights Committee can only recommend compensation.
The Ombudsman can also only recommend public authority to provide compensation.