certain asylum-seekers who do not meet the criteria for the granting of refugee status but in respect of whom there
are substantial grounds for believing that they would be in real danger of being subjected to “serious violations”,
such as the death penalty, execution, torture or inhuman or degrading treatment or punishment, if returned to their
country of origin;
(d)
Act of 15 May 2007 amending the Act of 1 October 1833 and the Act of 15 March 1874 concerning
extradition, which enhances the protection of fundamental human rights during extradition procedures and expressly
provides that extradition shall be denied when there are substantial grounds for believing that a flagrant miscarriage
of justice may occur or has occurred or that the individual in question may be in danger of being subjected to torture
or other inhuman or degrading treatment.
(5)
The Committee likewise welcomes with satisfaction the following measures:
(a)
The adoption of minimum standards for places of detention available to the police as well as the
requirement that chronological deprivation of liberty registers be kept;
(b)
The measures adopted following the tragic death of Semira Adamu, in particular the establishment of
a commission to review the instructions relating to expulsion and the specific training provided to police officers
responsible for carrying out deportations;
(c)
The reform of the Council of State and the creation of the Aliens Litigation Council pursuant to the
Act of 15 September 2006;
(d)
The reopening of any criminal proceedings resulting in a conviction if the European Court of
Human Rights subsequently rules that the convicted individual’s basic rights were violated during the proceedings;
(e)
The imposition of specific restrictions on the expulsion of aliens, in particular those contained in a
ministerial directive of 7 July 2005 concerning situations in which aliens are not to be deported from Belgium if
they can demonstrate lasting ties to the country;
(f)
The Federal Action Plan 2004-2007 to combat domestic violence.
C. Subjects of concern and recommendations
Expulsion of aliens
(6)
The Committee notes with concern the inadequate external monitoring of deportations in the State party by
the Standing Committee on the Supervision of the Police Services (Committee P) and the General Inspectorate of
the Federal and Local Police and the lack of monitoring of deportations of aliens by non-governmental organizations
(NGOs), which do not have access to cells or the deportation zone (arts. 3 and 11).
The State party should ensure frequent, independent and effective monitoring, which would benefit all
parties by helping to combat impunity. The Committee recommends in particular that the Belgian
authorities adopt alternative measures aimed at enhancing monitoring, such as the use of videotaping
and monitoring by civil society, especially NGOs.
Unaccompanied minors
(7)
The Committee notes with satisfaction the creation within the Aliens Office of a special unit for
unaccompanied minors with responsibility for processing their applications for residency. It also takes note of
certain other activities, including the creation of specialized centres to deal with unaccompanied minors and the
planned establishment of the Guardianship Service for Unaccompanied Minors (art. 11).
The Committee recommends that the State party accelerate its efforts to provide unaccompanied
minors with assistance, accommodation and follow-up.
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