EN_CPT_AR.book Page 23 Monday, October 25, 2010 5:14 PM
Publication of CPT visit reports
39. The CPT has recommended that an independent inquiry be carried out into
allegations received at Ittre Prison of ill-treatment of prisoners by staff and, more
generally, that the Belgian authorities develop a strategy to address the continuing
problem of inter-prisoner violence in penitentiary establishments.
Among other prison-related subjects addressed, the report welcomes
improvements made to the physical layout of the psychiatric annexe at Lantin Prison,
which had been criticised by the CPT during previous visits; it is recommended that
similar changes be made to the psychiatric annexe at Jamioulx Prison. The report
also notes the reinforcement of the medical teams, but stresses the need for further
efforts in this regard.
40. As regards fundamental safeguards during police custody, the report makes it
clear that the situation remains unsatisfactory. Despite recommendations made by
the CPT since 1993, criminal suspects deprived of their liberty by the police still do
not enjoy, as of the outset of their custody, the rights of access to a lawyer and a
doctor and to inform a relative of their situation. As regards more specifically the
right of access to a lawyer, this only becomes operative after the person concerned
has been heard by the investigating judge. In the report, the CPT calls upon the
Belgian authorities to introduce a corpus of fundamental safeguards for criminal
suspects deprived of their liberty by law enforcement agencies, in line with the
Committee’s standards.
The situation of persons placed under administrative arrest has improved to
some extent as a result of amendments to the Police Law introduced in 2007; in
particular, they have been accorded the rights of access to a doctor and to inform a
relative of their situation. However, as in the case of criminal suspects, such persons
are still denied the right of access to a lawyer as of the outset of their custody.
41. The CPT has welcomed the adoption by Royal Decree of minimum standards
as regards material conditions of detention in police establishments, and has
recommended that similar standards be adopted for court detention facilities.
Material conditions of detention were globally acceptable in most of the police
establishments visited. In contrast, conditions in the holding cells of the Portalis
Court of Justice building in Brussels were far from satisfactory. The CPT has made
recommendations addressing some of the most serious shortcomings in the Court’s
detention facility and has highlighted the need to carry out a fire safety audit of the
premises.
Report published July 2010, CPT/Inf (2010) 24
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