Processing of complaints
(11) While it takes note of the explanations provided by the delegation of Belgium with regard to the
independence of Committee P and welcomes the extensive investigations undertaken, the Committee regrets that
many of the members of Committee P are police officers and individuals seconded from police services, which
raises concerns as to the guarantees of independence to be expected from such an external oversight body, in
particular with regard to the handling of complaints concerning police conduct and any disciplinary action taken
against police officers. This problem has grown to the point that Committee P itself, in its annual report for 2006,
stated that “police officers seem to receive extremely favourable treatment from the criminal justice system”. The
Committee is likewise concerned at the persistent inconsistencies between complainants’ and police versions of the
facts, and in particular that the laying of charges against complainants by the police may in fact be an attempt to
cover up unacceptable police conduct (art. 13).
The State party should take adequate measures to guarantee the independence of Committee P by
changing its membership. The Committee recommends that the State party ensure that whenever
persons who have lodged complaints against the security forces are then charged with resisting the
police or with similar offences, the cases should be systematically linked.
National institution
(12) The Committee regrets that, despite the recommendation made by a number of treaty bodies in their
concluding observations, the State party has not yet established an independent national institution with a broad
mandate for the promotion and protection of human rights, in accordance with the Principles relating to the status of
national institutions (see General Assembly resolution 48/134) (art. 2).
The Committee recommends that the State party promptly decide on a timetable for the establishment
of an independent national institution for the protection of fundamental rights in accordance with the
Principles relating to the status of national institutions (see General Assembly resolution 48/134), also
known as the Paris Principles.
Allegations of ill-treatment
(13) The Committee notes with concern that NGOs continue to submit reports alleging ill-treatment at the hands
of the police, including arbitrary arrest, racist insults, refusal to follow up complaints, physical abuse and other
inhuman or degrading treatment, in particular in the Bruxelles/Ixelles (5339) and Bruxelles Midi (5341) police
districts. The Committee is also concerned at the increase in the number of complaints of discrimination brought
against the law enforcement authorities (art. 16).
The State party should take all necessary measures to combat effectively ill-treatment at the hands of
the police, including treatment based on discrimination of any kind, and take appropriate steps to
punish those responsible. The State party should also strengthen efforts to eliminate ill-treatment in
the Bruxelles/Ixelles (5339) and Bruxelles Midi (5341) police districts and provide the Committee with
detailed information on this matter in its next periodic report in 2012.
Definition of torture
(14) While taking note of the explanation given by the State party’s delegation that the definition of torture
contained in article 417 bis of the Criminal Code is broader than that contained in the Convention, the Committee is
still concerned that the definition contained in the Belgian Criminal Code does not explicitly include actions “by or
at the instigation of or with the consent or acquiescence of a public official or other person acting in an official
capacity”, as defined in article 1 of the Convention (art. 1).
The State party should consider taking the necessary legislative steps to amend article 417 bis of the
Criminal Code with a view to ensuring that all elements of the definition contained in article 1 of the
Convention are included in the general definition set out in article 417 bis of the Belgian Criminal
Code, as recommended by the Committee in paragraph 6 of its previous concluding observations
(CAT/C/CR/30/6).
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