Press Release
Council of Europe anti-torture Committee publishes report on
Belgium
Strasbourg, 23.07.2010 – The Council of Europe’s Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has published
today the report on its 5th periodic visit to Belgium, carried out in
September/October 2009. The report has been made public at the request of the
Belgian authorities.
In the prisons sector, the CPT examined once again the question of overcrowding
affecting the Belgian prison system (and, in particular, the situation in
Jamioulx prison where the level of occupancy reached 150%). In this regard, the
CPT took note of the “2008-2012 Master Plan for a more humane prison
infrastructure” and of the application of an altogether novel solution, the
fixed-term rental of cell space located in a neighbouring country (in this case,
Tilburg prison in the Netherlands). As to the questions relating to the prison
staff strike, the CPT again called upon the Belgian authorities, as it had
already done after the visit in 2005, to introduce, without further delay, a
“guaranteed service” for prisoners. The very serious ill-treatment allegedly
committed by police officers standing in for the prison staff in a Brussels
prison in September and October 2009 once again reinforces the need to find a
lasting solution to this question. Regarding the prison units subject to special
security measures (“Quartiers des mesures de sécurité particulières
individuelles” – QMSPI), the Committee stressed the importance of strict
compliance with the selection criteria for detainees assigned to these units,
which are not intended to be maximum security units (“Quartiers à Sécurité
Renforcée” – QSR). The CPT also took note of the changes made to the layout of
the psychiatric annexe of Lantin prison, and recommended that the Belgian
authorities make similar changes in the psychiatric annexe of Jamioulx prison.
It also took note of the reinforcement of the medical and psychiatric teams, and
stressed the need for still greater efforts in this regard. At a more general
level, the CPT stressed the need for all provisions of the “Loi de Principes”
(Prison Principles Act) to be brought into force quickly, as the non-application
of certain of its chapters was causing legal uncertainty, particularly as
regards disciplinary sanctions.
As regards the police, the CPT took note of the small number of advances made in
respect of fundamental safeguards given to persons placed under administrative
arrest. The Committee also noted the adoption of two Royal Decrees, one
governing the physical conditions in police detention cells and the other
bringing into force a code of ethics for the police. By contrast, the Committee could only observe
the lack of action regarding the implementation of the recommendations made over
many years concerning the fundamental safeguards to be offered to persons placed
under judicial arrest, and in particular, as regards access to a lawyer while in
custody. Furthermore, it made recommendations on the application of special
techniques, such as the use of electro-shock weapons (Taser) and the escorting
of “level 3” prisoners presumed to be dangerous. Regarding the holding cells in
the Portalis Court of Justice Building in Brussels, the Committee recommended
that the Belgian authorities carry out a fire safety audit and invited them to
consider transferring the holding cells to premises specially designed and
equipped for detention purposes.
As a result of worrying information which it received earlier in the year, the
attention of the CPT has also been drawn to the “’t Knipoogje” boarding
establishment of the “’t Vurstjen” medico-educational institute at Evergem. It
has made detailed recommendations concerning this establishment and has also
recommended that an ill-treatment prevention plan be drawn up for the all
boarding schools in the country and that regular inspections be carried out. The
visit to the special admissions department (“Hôpital d’Accueil Spécialisé” –
HAS) of the Fond’Roy psychiatric clinic in Uccle has prompted a review of the
questions concerning the implementation of the procedures in place for
compulsory hospitalisation and a discussion concerning the question of
psychiatric treatment without the patient’s consent. The CPT has also made a
number of recommendations following its visit to the Centre for Irregular
Migrants in Vottem and the INAD Centre at Brussels National Airport.
The CPT's visit report is available on the
Committee's website: http://www.cpt.coe.int
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please access our page "For the press".
