Special individual security regime
(19) The Committee notes with satisfaction that pursuant to the Act on principles governing the administration of
prison establishments and the legal status of detainees, adopted on 12 January 2005, only those detainees who pose a
permanent security risk may, under certain legally prescribed conditions, be placed under an exceptional regime and
welcomes the establishment of a legal framework for this regime that includes cumulative criteria for its application,
a set procedure and a time limit. The Committee is concerned, however, that the right of detainees to appeal has not
yet been established. The Committee is also concerned at allegations that the mandated procedure is not followed,
that detainees are not able to challenge the appropriateness of such measures and that hearings are conducted
without an interpreter or lawyer present (arts. 11 and 13).
The Committee recommends that the State party ensure that article 118, paragraph 10, of the Act of
12 January 2008 enters into force immediately, since abuses can occur if detainees subjected to this
type of measure have no right of appeal. Furthermore, the Committee recommends that the State
party allow independent and impartial monitoring of such measures, for example through an oversight
mechanism established outside the prison and through monitoring by civil society.
Register of detainees
(20) The Committee notes with satisfaction that, pursuant to the Act of 25 April 2007, “any deprivation of liberty
shall be entered in a register of detainees” but wonders whether this procedure is being implemented in practice. The
Committee is likewise concerned that there is no provision for noting an arrested individual’s physical condition, in
particular any signs of injury, in the register (art. 11).
The State party should take appropriate measures to ensure the effective implementation of the Act of
25 April 2007, systematically endeavour, through investigation, monitoring and inspections, to verify
compliance with the obligation to keep a register of detainees and report on the results of these
measures in its next periodic report. The Committee also recommends that the State party require that
any signs of injury be recorded in the register immediately upon the detainee’s arrival at the police
station.
(21) While it welcomes the fact that the Act of 25 April 2007 marks a step forward in the area of administrative
detention, the Committee nevertheless regrets that the Act does not recognize the right of detainees to legal
assistance and that, with regard to judicial detention, the draft Code of Criminal Procedure mandates access to legal
assistance only eight hours after detention, even though it is during the period immediately following detention that
there is the greatest risk of intimidation and ill-treatment (arts. 2 and 11).
The State party should ensure that access to a lawyer immediately following administrative or judicial
detention is guaranteed, as the Committee has stated in its previous recommendations
(CAT/C/CR/30/6).
Conditional release
(22) The Committee is concerned at the significant decrease in the granting of conditional release. Furthermore,
prison day-release permits or prison leave, which are prerequisites for conditional release, also seem more difficult
to obtain than in the past (art. 11).
The State party should take effective measures to facilitate the granting of conditional release.
Committal of mentally ill offenders
(23) The Committee is concerned at the conditions of detention of psychiatric detainees in the Belgian prison
system, which it has already criticized in its previous recommendations (CAT/C/CR/30/6, para. 7), in particular the
lack of qualified staff, the dilapidated facilities, inadequate care, the absence of ongoing treatment and medical
examinations, and the marked deterioration of conditions during strikes by prison personnel. The Committee is also
concerned at the long waiting period for the transfer of detainees from psychiatric wings to social protection
institutions, which, owing to overcrowding in such institutions, can last from 8 to 15 months (arts. 11 and 16).
14
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