Safeguards

All inmates are admitted to prison with a valid commitment order

yes

Prisoners can inform their families about their imprisonment

yes

Each prisoner is allowed to make a free three-minute national or international phone call within 24 hours of admission to prison (Loi de principes, Article 64).

There is a reception area for arriving prisoners

in some facilities

Some prisons have reception areas with cells or waiting rooms. Others place the prisoner in a hallway or a room for a few hours before they admit them to an ordinary cell.

A copy of the prison regulations is made available to the prisoners

yes

A copy of the prison regulations must be available to the prisoners (Loi de principes, article 16).
“Upon admission, prisoners shall be informed of their rights and responsibilities, the rules of the prison or section, the role of the staff, as well as all facilities available or accessible on the premises for obtaining support, whether it be medical, legal, psychosocial and family assistance, moral and philosophical support, or religious and social assistance” (Article 19).

According to the Central Prison Monitoring Council (Conseil central de surveillance pénitentiaire, CCSP), there is no set system in place for assigning cells due to overcrowding. It stated that it is a balancing act: placements are made according to the number of places available and closeness to families. Officials also try to consider certain criteria such as relations between fellow prisoners and the separation of smokers from non-smokers.
These criteria do not apply to prisoners considered to be “radicalised” (See section Security, order and discipline).

The Loi de principes states that prisoners must be given the opportunity to carry out an individual sentence plan, focused on reparation and reintegration (Article 9). This plan should contain suggestions for prisoner activities: work, education or training, psychosocial support programmes, and medical and psychological treatments (Article 38). The plan can be adjusted over the course of the detention (Article 39). All prisoners must meet with a member of the psychosocial service (SPS) within four days of arrival. The member’s role is to inform the person on how to request social, psychosocial, legal, and family aid.

According to some civil society organisations, the administration cannot afford to provide these services in practice. SPS staff members are often overwhelmed with a huge number of cases that they have to deal with. Some prisons have long waiting times.1 CCSP reported that staff at Jamioulx and Ypres prisons lack information on the individual sentence plans. Several facilities offer very few opportunities for work and training.2


  1. Concertation des associations actives en prison, Adeppi, Centre d’action laïque, I.Care, Ligue des familles, Sireas, “La loi de principes : quand la théorie juridique rencontre les réalités carcérales”, 2022, pp. 14-15 (in French). 

  2. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, pp. 52 and 57 (in French). 

Prisoners can be assisted by a lawyer throughout their incarceration

yes

All prisoners have the right to legal aid. All facilities have a registry of lawyers they can contact (by telephone, letter, or appointment).

Prisoners have access to a legal aid centre

in some facilities

There are organisations present in some prisons to assist prisoners with legal issues. Linguistic communities ensure this service; the offer can vary between facilities.

The Loi de principes states that legal assistance must be provided under conditions that guarantee the confidentiality of the meeting. A room must be made available for this and the length of the meeting is decided by the prison director (Article 104). Only visual supervision is allowed during the meeting. The prison director must immediately inform the president of the Bar of the arrondissement where the prison is located if they believe that the lawyer’s visit could seriously compromise their security. They can temporarily prevent a lawyer from entering the facility while waiting for a decision from the Bar president (Article 67).

Some Monitoring Commissions have reported shortcomings. The Central Commission of Louvain noted that inadequate facilities for private meetings impede confidentiality between prisoners and their lawyers.1


  1. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 36 (in French). 

Deaths in custody are logged in a register

yes

Number of deaths in custody

48

i
2020
/ Council of Europe, SPACE I - 2021 Report, 19 avril 2022, pp. 28 et 117.

Variation in the number of deaths in custody

increase

The death rate increased by about 78% between 2019 and 2020. Twenty-seven prisoners died in 2019.

i
Council of Europe, SPACE I - 2020 Report, p. 112, table 28.

Number of deaths attributed to suicide

16

i
2020
/ Council of Europe, SPACE I - 2020 Report, pp. 28 et 117.

The Concertation des associations actives en détention (CAAP) looked at the number of suicides in Belgian prisons between 2000 and 2016. It found that the suicide rate in prisons is eight times higher than in the rest of the Belgian population. Of the prisoners who died by suicide, 87% had psychological problems. More than half had already attempted suicide. One out of five suicides occurred during the first month of detention, and one in two during the first six months. Half of them occurred between 11 p.m. and 6 a.m., when there were fewer staff members around. Most of the suicides (90%) were by hanging, the most “accessible” method.1


  1. Concertation des associations actives en prison, “Suicide et détention”, 2019, pp. 8 and 13 (in French). 

Variation in the number of suicides

increase

The number of suicides increased by 33% between 2019 and 2020. Twelve prisoners took their own lives in 2019.

i
2021
/ Council of Europe, SPACE I - 2020 Report, pp. 28 et 112.

Death rate in custody (per 10,000 prisoners)

46.2

i
2020
/ Council of Europe, SPACE I - 2021 Report, 19 avril 2022, pp. 28 et 112.

Suicide rate in custody (per 10,000 prisoners)

15.4

i
2020
/ Council of Europe, SPACE I - 2021 Report, 19 avril 2022, pp. 28 et 112.

National suicide rate (per 10,000 inhabitants)

1.8

i
2019

The prison service must notify a judicial authority for

-

Some observers found that there are frequent cases of suspicious deaths. The deceased’s loved ones rarely take legal action against the prison administration.

The prison director is obliged to immediately inform a prisoner’s contact (or family, or power of attorney) when a prisoner has died or is at risk of dying. (Loi de principes, Article 95).

A prisoner’s remains must be released to the family as soon as possible, unless the death is deemed suspicious and there is a need to perform an autopsy. The Belgian League for Human Rights (Ligue des droits humains, LDH) was informed that the remains are usually placed in a neutral room, set up to accommodate the family of the deceased.

Suicide prevention policies are implemented

no

The prison administration has not implemented a suicide prevention policy. However, there are some measures in place. Prisoners with mental health problems experiencing an acute crisis or who are at serious risk of suicide may be:

  • placed in solitary confinement
  • placed in a secure cell
  • physically restrained
  • or given mandatory medication, with the approval of two physicians, followed by a medical exam, usually by a psychiatrist, every 24 hours.1

Belgium was condemned by the European Court of Human Rights. (ECHR) in 2020 (Jeanty v. Belgium). The case concerned a prisoner with mental health problems who made several suicide attempts at Arlon prison. The Court concluded that Mr. Jeanty was subjected to degrading and inhumane treatment of an intensity exceeding the unavoidable level of suffering inherent to incarceration. It cited the following reasons: the lack of medical attention and treatment during his two periods of incarceration and the imposition of solitary confinement for three days after several suicide attempts.


  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of Belgium on the visit to Belgium carried out by the CPT from 27 March to 6 April 2017”, 8 March 2018, no 86, p. 41 (in French). 

Allegations of violence were reported. In 2017, the European Committee for the Prevention of Torture (CPT) reported allegations of physical abuse on male prisoners in Leuze-en-Hainaut and Saint-Gilles prisons; this included punching, kicking and kneeing, particularly during cell or body searches when being placed in a disciplinary cell. According to witnesses, these were not warranted and were committed by prison officers. Some of the allegations were corroborated by medical exams. The CPT delegation showed a video taken at SaintGilles prison in which a prison officer is violently kicking a prisoner who is not resisting. These allegations involve prison officers who are in direct contact with prisoners, including the team leader. Witnesses stressed that other officers present during the abuse intervened to stop the violence. No reports were made to the relevant authorities.
A few prisoners at Bruges, Lantin, Leuze-en-Hainaut, and Saint-Gilles reported hurtful comments and insults from officers. Some of the remarks had racist connotations.1

In March 2019, the courts charged 14 prison guards from Forest prison (closed since November 2022) with having inflicted inhumane and degrading treatment on prisoners. The offences occurred between 2014 and 2015. Some of the victims had mental health problems. They were hit, injured, harassed and abused.

The CPT visited Belgium again in 2021 and claimed that they had not received any allegations of physical abuse. However, its delegation learned of an incident in Antwerp prison: a guard had assaulted a prisoner after a verbal altercation during meal service. The victim suffered multiple injuries, including a concussion and bruising of both eyes. The incident occurred on 19 March 2021 and a complaint was filed on 27 April 2021. A disciplinary procedure was immediately initiated against the guard, but it was suspended pending the outcome of the criminal proceedings. In the meantime, the guard was transferred to another wing of the prison.2


  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of Belgium on the visit to Belgium carried out by the CPT from 27 March to 6 April 2017”, 8 March 2018, pp. 26-27 (in French). 

  2. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of Belgium on the visit carried out by the CPT from 2 to 9 November 2021”, 29 November 2022, p. 12-13 (in French). 

The prohibition of torture is enshrined in the Constitution and the legislation

only in the Criminal Code

i
Penal Code, Article 136ter (in French).

The United Nations Convention against Torture (UNCAT) was

ratified in 1999

i

Existing regulations regarding protection against physical and verbal abuse and sexual harassment, such as in the Penal Code, also apply to incarcerated persons.
The Loi de principes, the legal status of prisoners, and internal prison regulations also provide for disciplinary actions for acts of violence.
Physical and psychological abuse occurs in various forms within prisons. Searches, especially body searches, are particularly critical moments that often lead to incidents.
Sexual violence is rarely reported, due to feelings of shame and fear of reprisals.
Repeated sexual abuse was reported at Lantin1 prison in 2020. Individual and group physical violence was reported to the Monitoring Commissions. Prisoners cannot always give an account of the abuse. They do not always know the names of the guards, as they often hide their I.D. badges under their epaulets. A memo on the proper wearing of badges was modified in September 2017. It reiterated that the visibility of I.D. badges was mandatory, but this was mostly ignored.
After a complaint has been filed, the perpetrator(s) may be punished.


  1. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 55 (in French). 

All allegations and suspicions of ill-treatment inflicted on prisoners are logged

no

Prison management is aware of which staff members are violent toward prisoners. These staff members are either punished belatedly or not punished at all, due to fear of strikes. In the majority of cases, perpetrators are simply transferred to another wing of the prison or to another facility.
In 2021, the CPT noted that issues concerning the recording and reporting of injuries (upon admission or during imprisonment) have not improved since the last visit in 2017. The facilities visited do not have a dedicated registry. Injuries are logged, often superficially in a prisoner’s medical record, but the information about the injuries is not generally sent to the relevant prosecutor.1


  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of Belgium on the visit carried out by the CPT from 2 to 9 November 2021”, 29 November 2022, p. 18. (in French) 

If so, the prison service must notify a judicial authority

yes

The Code of Criminal Procedure requires the prison administration to report any infraction to the Crown Prosecutor’s Office, that is responsible for conducting an investigation.
The Belgian League for Human Rights noted that prison overcrowding, poor detention conditions, and the lack of proper medical care result in daily occurrences of inhumane and degrading treatment. These shortcomings are not usually subject to administrative or judicial follow-up.

There are no torture prevention policies in place.

Doctors are supposed to log traumatic injuries in the prisoner’s medical record. In practice, the CPT believes this information is rarely included or is unclear. Doctors do not always send a medical certificate with reports of injuries to the prisoners, their lawyers, and officials.1


  1. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of Belgium on the visit to Belgium carried out by the CPT from 27 March to 6 April 2017”, 8 March 2018, pp. 26-27 (in French). 

Number of recorded violent acts between prisoners

Data not disclosed

Violent incidents among prisoners are frequent and recorded in all facilities. Nevertheless, they are difficult to quantify because victims rarely report assaults for fear of reprisals.1
During its visit in 2021, the CPT delegation was informed of the murder of a man by his fellow prisoner in the psychiatric annex of Saint-Gilles prison. This incident occurred on 30 March 2020 and is currently under investigation. The prison director and other staff members were charged with negligence.2


  1. For more information, see the 2016 report of the International Prison Observatory – Belgian section, pages 147-150 (in French). 

  2. European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of Belgium on the visit carried out by the CPT from 2 to 9 November 2021”, 29 November 2022, p. 12-13 (in French). 

Each prison facility keeps an updated record of violence between inmates

yes

The Code of Criminal Procedure stipulates that prison directors must report all incidents to the Crown Prosecutor’s Office. Acts of violence that have been subject to disciplinary sanctions are recorded in a special registry.

Number of complaints filed by prisoners against the prison service

1,794

This is the total number of complaints received by the CCSP in 2020. Flemish prisons filed 63.8% of them, Walloon prisons 25.6%, and Brussels prisons 10.6%.
Several complaints mention racist behaviours and insulting comments from certain staff members (Antwerp, Gand, Jamioulx, Lantin, Louvain Central, Louvain Secondaire and Saint-Gilles). Some complaints are about aggressive physical behaviour (Lantin, Marneffe, Namur and Saint-Gilles). Many prisoners complained of improper wearing of I.D. badges by staff (Antwerp, Bruges, Louvain Central, Louvain Secondaire, Marche-en-Famenne, Wortel and Ypres). This problem has been reported on numerous occasions to the administration, without any practical results.1


  1. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 55 (in French). 

Prisoners can file complaints against the prison service within seven days following the incident (Article 150). They must be in French or Dutch1 and can be sent by post or email to the Complaints Commission or submitted directly to the commissioner of the Monitoring Commission during one of its visits.2 There is a “bureau of complaints” in each prison. Some new prisons have a digital platform called Prison Cloud3, which allows prisoners to contact the commission from a computer in their cell.4 The Complaints Commission issues its decision within fourteen days of receiving the complaint (Article 157). The prison director and the plaintiff can appeal the decision before the Appeal Board of the Central Council (Commission d’appel du Conseil central) within seven days after receiving the decision (Article 159). The Appeal Commission files the ruling within fourteen days (Article 162).

Delays for processing complaints are sometimes long for various reasons. In some facilities, there are a large number of complaints filed to the commissions. Sometimes it takes longer for the prison director to prepare their defence, for the plaintiff to be provided with a lawyer, or to obtain further information. Sometimes a hearing may be cancelled at the request of the prison director due to a lack of personnel. Transferring a plaintiff to another facility may also disrupt the routine of a proceeding.
These long delays often mean the contested disciplinary decisions are carried out while the commissions process the complaint.5

The Belgian League for Human Rights (LDH) also pointed out that the members of the commissions do not have sufficient knowledge of administrative and prison law.6
Some civil society organisations report that complaints are not always treated confidentially in prison facilities. Some prison units do not have Commission mailboxes, and complaints forms must be requested from the officers. As a result, some prisoners do not exercise their rights for fear of reprisals.7
The Complaints Commissions declare it is difficult to assess the complaints properly when the prison director does not respond. Several commissions reported receiving many inadmissible complaints due to a lack of knowledge of the complaint procedure. The commissions held information sessions for the prisoners in Antwerp, Berkendael, Beveren, Dinant, Hasselt, Jamioulx, Paifve facilities.8


  1. Concertation des associations actives en prison, Adeppi, Centre d’action laïque, I.Care, Ligue des familles, Sireas, “La loi de principes : quand la théorie juridique rencontre les réalités carcérales”, 2022, p. 27 (in French). 

  2. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 42 (in French). 

  3. Some of the facilities are equipped with a “Prison Cloud”, a hard-wired digital platform. A desktop computer set up in each cell allows prisoners to make calls, place their canteen orders and send requests to management or the psychosocial service. This allows prisoners to feel more independent. 

  4. Belgian League for Human Rights, “État des Droits Humains en Belgique - Rapport 2021”, January 2022, pp. 33-36 (in French). 

  5. CCSP, “Rapport annuel 2021”, 2022, p. 42. 

  6. LDH, “État des Droits Humains en Belgique - Rapport 2021”, January 2022, pp. 33-36 (in French). 

  7. CAAP, “La loi de principes : quand la théorie juridique rencontre les réalités carcérales”, 2022, p. 27 (in French). 

  8. CCSP, “Rapport annuel 2021”, 2022, p. 42 (in French). 

The Complaints Commissions and the Appeal Board are the entities, independent of prison administrations, responsible for addressing complaints from prisoners about any decision taken with regard to themselves by prison authorities (Loi de principes, article 148). The Complaints Commissions are part of Monitoring Commissions. There is a Complaint Commission for each prison. The Appeals Board is part of the Central Council and is made up of two chambers, one Dutch and one French.1 Their role is to address decisions taken by the Complaints Commissions, as well as certain decisions taken by the director general (Loi de principes, articles 148-167).

The work of these commissions began on 1 October 2020, 15 years after being set out by the loi de principes. The law states that each Monitoring Commission must designate three of its members to make up the Complaints Commission.2


  1. Belgian League for Human Rights, “État des Droits Humains en Belgique - Rapport 2021”, January 2022, pp. 33-34 (in French). 

  2. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 64 (in French). 

The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) was

signed in 2005

The Protocol has not been ratified.

An NPM has been established

no

A regional body monitors the places of deprivation of liberty

yes

the CPT

Its reports are made public

yes

The Belgian Government’s visit reports and responses are available on the CPT’s website.
Its last visit was to the following prisons from 2 to 9 November 2021: Antwerp, Lantin Saint-Gilles, and Ypres.

Prisons are subject to periodic monitoring visits by the The Central Prison Monitoring Council (CCSP), an independent entity. The CCSP submits notices and recommendations to Parliament and the relevant ministers. The Central Council consists of 12 members appointed by the Chamber of Representatives for a period of five years, renewable for two terms (Loi de principes, Article 24). There is a Monitoring Commission for each prison. All the commissions are coordinated by the Central Council. Each commission conducts at least one weekly visit. Its members have free access to all areas of the prison and may communicate with prisoners freely without supervision (Article 23).
Each commission submits its conclusions to the Central Council and publishes an annual report on the conditions of the prison under its jurisdiction. The information obtained from the visits serves as the basis for the conclusions and the annual report to the Central Council.
Members of the Chamber of Representatives of the Flemish Parliament, the French community, the Walloon Region, the German community, and the Brussels-Capital Region have access to the prisons. They need special permission from the minister to enter an occupied cell and to meet with specific prisoners (Article 33).

The law provides for a sentence adjustment system

yes

The Sentence Enforcement Court (Tribunal de l’application des peines, TAP) can grant sentence adjustments. The decision to use electronic monitoring is taken by the head of the prison. The decision to allow conditional release or electronic monitoring for persons charged with terrorism or indecent acts comes from the Direction Detention Management (Direction gestion de la detention, DGD).1


  1. Centre d’action laïque, “Guide de la personne détenue”, November 2019, pp. 23-25 (in French). 

The sentence can be adjusted as soon as it is pronounced (ab initio)

yes

Individuals sentenced to less than four months in prison or given a fine instead of a prison sentence are immediately released upon sentencing. These people must report to prison, but are then granted conditional release. (Temporary Instructions 16 May 2017).

Sentence adjustments can be granted during the incarceration

yes

Individuals sentenced to a prison term of three years or less may ask for conditional release or electronic monitoring under certain conditions: they have Belgian nationality or a valid residence permit, be a Belgian resident, and have a telephone.
Individuals receiving one or more prison sentences exceeding three years may request:

  • limited detention (détention limitée, DL): this allows a prisoner to regularly leave the prison for a fixed period, up to a maximum of 16 hours a day. It may be granted to the prisoner for work, training, or family reasons that require their presence outside of prison.
  • electronic monitoring (EM): this allows a prisoner to serve all or part of a prison sentence outside prison. The person has to comply with a predetermined time schedule and specific conditions subject to supervision.
  • conditional release (CR): this allows a prisoner to serve a sentence outside prison as long as the conditions imposed are followed for a set period of time.
    All convicted persons are eligible for the following sentence adjustments:
  • interruption of the execution of the prison sentence (interruption de l’exécution de la peine, IP): this refers to a suspended sentence for exceptional reasons (compelling or exceptional family reasons). It lasts three months (renewable), and is granted by the Federal Public Service Justice (FPS Justice).
  • provisional release on medical grounds (liberation provisional pour raison médicale, LPRM): this can be granted by a Sentence Enforcement Judge in case of an incurable, terminal illness.1

  1. Centre d’action laïque, “Guide de la personne détenue”, November 2019, pp. 22-25 (in French). 

Prisoners can contest a negative decision of sentence adjustment

no

Decisions made by the Sentences Enforcement Court can be appealed to the Court of Cassation.1


  1. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 23 (in French). 

Specific categories of prisoners are ineligible for sentence adjustment

no

The law provides for a temporary release system

yes

The provisions are (Loi relative au statut juridique externe):

  • day release (permissions de sortie, PS): this allows prisoners to leave a facility for up to 16 hours under certain conditions (Article 4) and may be occasional (at any time) or periodic (to prepare for release)
  • temporary prison leave (congés pénitentiaires, CP): this allows prisoners to leave the prison for 36 hours once every three months under certain conditions (Article 6).

Requests for these two leave permissions are submitted to the prison director via the court registry. The prison director then sends it to the Direction Detention Management (DGD) with its own recommendation and an opinion from the Psychosocial Service (SPS). Requests may be turned down if, for example, there is a risk of evasion, of committing a serious offence, or of disturbing victims. If refused, prisoners may appeal to the (TAP) or to the interim proceedings judge (juge des référés) via their lawyer.1


  1. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 20 (in French). 

The law provides for a sentence adjustment for medical reasons

yes

Provisional release on medical grounds (LPRM) may be granted for persons who are terminally ill from an incurable disease.1 Convicted prisoners must send their request to the Sentence Enforcement Court, and untried prisoners to the examining magistrate.2


  1. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 20 (in French). 

  2. Lacroix, Thomas, “Comment les professionnels des établissements pénitentiaires se représentent-ils la présence et les conditions de vie des personnes âgées en prison ?”, UCLouvain, 2022, pp. 23-24 (in French). 

Number of prisoners who have been granted a presidential pardon or amnesty during the year

0

i
2021
/ Council of Europe, SPACE I - 2021 Report, 19 april 2022, p. 14, table C.

“In Belgium, pardon/clemency can only be given by the King. An appeal for clemency/pardon has to be made in writing to the King’s Cabinet”.1


  1. Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, “Belgium: in prison abroad”, 3 September 2020, p.15.