Victims of violence cannot be placed in detention

The Regional Court in Olsztyn reminded that victims of violence cannot be placed in detention centers for foreigners. Our client – a victim of violence – was awarded compensation for wrongful detention.

The Regional Court in Olsztyn granted compensation for wrongful detention of our client. The court highlighted that no victim of violence can be placed in immigration detention center regardless of the form of the violence and the perpetrator (ruling of 29th July 2019, II Ko 280/18).

The Court noticed that although the medical care in the detention center was appropriate, our client’s psychological state deteriorated. The Court highlighted cultural differences, language barrier and the length of the deprivation of liberty while deciding on the amount of compensation.

The Court awarded compensation for wrongful detention of our client in the amount of 20.000 PLN. Our client was in detention center for 3 months. The Court indicated that the deprivation of liberty retraumatized her and led to the deterioration of her health. Our client had to seek psychological and psychiatric help. Furthermore, due to language barrier (our client did not speak Polish and in the detention center the staff did not speak her language) the deprivation of liberty was especially harsh for her.

While determining the amount of compensation the Court took into consideration the duration of the deprivation of liberty, state of health and subsequent difficulties in living outside the detention camp. The District Court emphasized that although the medical care in the detention center was appropriate, our client’s psychological state deteriorated due to isolation and previous difficult life experience.

The foreigner was represented by the attorney-at-law Małgorzata Jaźwińska.

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