Before submitting a complaint to the European Court of Human Rights (ECHR), domestic remedies must be exhausted. One such remedy is the amicable settlement procedure with the State Prosecutor of the Republic of Slovenia.
What is the amicable settlement procedure in Slovenia
The procedure involves submitting a request for an amicable resolution of a dispute concerning human rights violations during imprisonment.
The request is sent to the appropriate unit of the Slovenian State Prosecutor and should include a detailed description of the violations and their consequences.
Steps of the amicable settlement procedure
- Analysis of the legal situation and prison conditions
- Preparation of the amicable settlement request
- Submission of the request to the Slovenian State Prosecutor
- Evaluation of the request by state authorities
- Settlement proposal or refusal
Should the settlement be accepted?
The decision to accept a settlement should be preceded by an analysis of its terms. Acceptance usually means waiving further claims in the case, including the possibility of submitting a complaint to the ECHR.
In some cases, refusal of the settlement may be justified, especially if the proposed compensation does not adequately cover the harm suffered.
Possible compensation amount
The amount of compensation proposed in the amicable settlement depends on the type of violations, their duration, and the consequences for the inmate.
In practice, these amounts are often lower than those awarded by the European Court of Human Rights in Strasbourg.
What if the settlement is refused or there is no response?
If the Slovenian State Prosecutor refuses the settlement or does not respond within a reasonable time, the case can be submitted to the European Court of Human Rights.
Legal assistance during the amicable settlement procedure
We provide legal assistance in preparing and conducting the amicable settlement procedure, including:
- Drafting the request to the Slovenian State Prosecutor
- Analyzing the proposed settlement
- Assessing the viability of submitting the case to the ECHR