8. Public statement concerning Belgium
(made on 13 July 2017)
Introduction
1. The CPT has carried out ten visits to Belgium since 1993. In many respects, the
co-operation which the Committee has been shown by the Belgian authorities in
the course of those visits and in the implementation of its recommendations gives
genuine cause for satisfaction. The Committee would like to welcome the efforts
made over the years to strengthen the protection of persons deprived of their liberty
in the country. The most recent periodic visit, which took place from 27 March to
6 April 2017, provided the opportunity to see further progress, including in the prison
sector, which will be reflected in the future CPT report on that visit.
2. However, for 12 years, the CPT has consistently expressed its deep concern
regarding the serious consequences which can result from industrial action by
prison staff in Belgium. These consequences have a direct impact (for prolonged
periods) on the detention conditions, health and security of the persons placed
under their responsibility. They entail, in particular, almost continuous confinement
of inmates in cells in conditions already deemed intolerable, serious disruption in
the distribution of their meals, a dramatic deterioration of their personal hygiene
conditions and conditions in cells, frequent cancellation of daily outdoor exercise,
serious restrictions on their access to health care and a virtual halt to their contacts
with the outside world (including with lawyers).
Such industrial action, which at times takes place without any prior notice and
without any limit on the number of prison staff involved or the duration of the
action, generally gives rise to a significant increase in tension in the establishments
concerned. Further, the occurrence, during prison strikes, of several serious incidents,
which in some cases have led to deaths, raises worrying questions about the ability
of the authorities and those responsible for the industrial action to deal appropriately
with the consequences.
During its many visits to the 47 Council of Europe member states over the last
27 years, the Committee has never observed a similar phenomenon, in terms of both
the extent of the phenomenon in question and the risks involved.
3. Persons subject to a psychiatric detention measure (“internement”) are, on
account of their particular needs, placed in an even more vulnerable situation during
industrial action by prison staff. The CPT has also highlighted in its reports a number of general shortcomings in the care provided to these persons.13 These same
shortcomings prompted the European Court of Human Rights to conclude that there
13. See, for example, paragraph 95 of the CPT report on its periodic visit to Belgium in 2013 (in French
only).
Appendices ► Page 55
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