Rights behind bars: Access to justice for victims of violent crime suffered in pre-trial or immigration detention
Case study – Belgium
Recommendations
The Forest prison guards trial (2019)
Public Authorities
The Forest prison case involved 22 prison guards who
had allegedly used undue violence, and inhuman and
degrading treatment against detainees in the Forest
prison between 2014 and 2015. One former prison
director was also accused of criminal negligence,
having allegedly authorised the solitary confinement
of a person with psychiatric issues. The trial was the
first of its kind in Belgium, given the number of prison
guards involved in the proceedings.
•
1) Preserve
evidence
of
crime
immediately:
(i) Immediately refer the detainee to effective medical
assistance;105 (ii) guarantee the timely preservation of
audio-visual recordings as soon as an allegation of
violence is made or that Detention Staff or the Detention
Centre director becomes aware of the possibility of a
violent episode. Recordings should be kept for a
sufficiently long period of time to allow an investigation.
Detainees were beaten because they refused to
undress in front of a guard; following an exchange of
insults; during the transfer from from cells to solitary
confinement and in other instances. Detention Staff
reportedly considered it a game to insult, humiliate
and provoke prisoners, and organised bets on the
number of prisoners they could send to solitary
confinement in a single day. The accused guards also
reportedly regularly cut electricity in a cell to cause
incidents between the detainees, sent them to the
toilet without toilet paper, left them in solitary
confinement after the maximum time limit or cut off
the water in the shower while they were washing.
2) Systematically report potential violent crime to Law
Enforcement Authorities. Reporting should not be
conditional upon a determination by Detention Staff
and Detention Administration of whether the use of
force is legitimate, to prevent the risk of bias against
reporting.
The victims were all vulnerable detainees, some
suffering from psychological problems. Many were not
able to speak French.
The evidence presented in court included medical
reports certifying traces of violence and transcripts of
text message conversations between the guards,
whose phones were seized in house searches during
the investigation. In some of the exchanges, some of
the guards explicitly bragged about using violence
against detainees. The nature of the evidence used to
convict showed the necessity of having crimes
investigated by independent Law Enforcement
Authorities with police powers to investigate. An
internal or disciplinary investigation would not have
uncovered phone records which were key to prove
that the violence was illegitimate.
Detainees filed several complaints to the prison’s
director and the external monitoring bodies. An
investigation finally started after years of knowing what
was going on, as detainees were not initially trusted.
A specific police unit investigated, and charges were
finally brought against 22 Detention Staff including
one of the prison’s directors. On 23 March 2019, many
were convicted and sentenced for inhuman and
degrading treatment and violence.
Establish a clear and detailed protocol for Detention
Staff and the Detention Administration on what steps
to take when there is an allegation of violence/ill-treatment
or when Detention Staff /Detention Administration
become aware of such situations, in the absence of a
complaint. The protocol should include the follwing steps:
3) Clarify or adopt rules on access to evidence for the
detainee and his lawyer. Systematically and
immediately grant access to evidence when there are
disciplinary proceedings against the detainee and when
detainees file a criminal complaint.
4) Protection of victim and witnesses against
reprisals.106 Ensure that protection measures are made
available to the victim and any witnesses supporting the
allegation of violence (see further below).
•
Publish the protocol for oversight purposes. Monitoring
bodies, public authorities, judicial authorities and other
oversight mechanisms should oversee the response given
by Detention Administration to violent crime in detention.
The protocol can also be used as part of internal
evaluation of Detention Staff and oversight of Detention
Administration. It may form clear grounds to report
breaches to supervisors. In extreme cases, it may engage
the responsibility of a prison director/staff for failing to
report allegations to Law Enforcement Authorities.
•
Collect and publish data to allow for oversight and
research on: (i) complaints, investigations, prosecution/
dismissals and convictions of violent crime against detained
victims; (ii) disciplinary procedures filed against Detention
Staff for excessive use of force; (iii) legitimate use of force
and disciplinary proceedings against detainees.
105 CPT, Documenting and reporting medical evidence of ill-treatment, Extract from the 23rd General Report of the CPT, 2013, available at:
https://www.coe.int/en/web/cpt/medical-evidence-ill-treatment.
106 See below our recommendations on the right to protection.
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