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. This is especially important if in the framework of your criminal trial were gravely affected your rights, for example, the trial was not conducted within a reasonable time. In that case you should ask the court to reduce your penalty if you have been sentenced.
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:
- Establish that there has been a violation of your rights
- Claim compensation
There are several ways that you can establish whether there has been a violation and claim compensation:
1. Civil court
When criminal proceedings end up in your favour on rehabilitation grounds (for example, court decision on your acquittal or prosecutor’s ordinance finding the offence was not committed by you), you can apply to the court on the basis of Article 53 of the Constitution and provisions of special Law. These guarantee that every person whose rights have been violated is entitled to compensation for damages caused by errors committed in criminal proceedings by investigative bodies and courts.
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.
If you believe that your trial has been unreasonably long, you may ask a civil court to state on violation of your right to a trial within a reasonable time and afford you a pecuniary compensation in accordance with the specific Law.
You should file these types of claims against the Ministry of Justice of the Republic of Moldova as the representative of the state.
You should ask the court to establish whether there was a violation and to grant you compensation.
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.
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. Learn 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.
Not every institution that can establish a violation of your rights can also award compensation. Bodies that can award compensation are the domestic courts and the European Court of Human Rights. The Human Rights Committee can only recommend compensation.
If you have a court decision or another document holding that your rights have been violated, you should file a compensation claim against the Ministry of Finance of the Republic of Moldova as the state representative to the court. You should ask the court to award you compensation on basis of general tort liability rules (răspundere civilă delictuală).