If the prison staff, the National Prison Administration or other authorities have violated your human rights related to prisoner status, you may ask for the harm done to you to be remedied.
Procedure
In case there is a final court decision or other official act recognising that your right had been violated, but this violation does not reach the severity of a inhumane or degrading treatment, you are entitled to request a compensation for the suffered pecuniary and non-pecuniary damage in the framework of the general tort liability proceedings (in Romanian răspundere civilă delictuală) by filing a court action before the court of general civil jurisdiction.
example The investigative judge found in a final decision that your right to visits was violated, and this breach does not reach the severity threshold needed to be considered as inhuman or degrading treatment.
According to the Civil Code, one who acts against another unlawfully with guilt is obliged to repair the pecuniary damage, and in the cases provided by law, also the non-pecuniary damage caused by action or omission. When the law provides expressly, the damage is to be repaired even if caused by lawful acts or without any guilt.
Appeal
The court decision can be appealed to the higher-level courts. The procedure and time limits for the appeal must be indicated in the decision.
Types of remedies
The civil court may oblige the prison administration to offer you a pecuniary compensation for the:
- pecuniary damage, if proved as real one and resulted from the unlawful act (causal link)
- non-pecuniary damage, if provided by law