The Loi de principes states that “maintaining order and security involves a dynamic interaction between prison staff and prisoners, as well as a balance between technical measures in place and a constructive detention regime” (Article 105). The Prison Act of 23 March 2019 allows for two distinct roles for prison officers: supervision and accompaniment of prisoners.

During its visit in 2021, the European Committee for the Prevention of Torture (CPT) highlighted the prison administration’s intention to divide the personnel into two categories (40% security and 60% education). Each category is to get special training and staff members are asked to choose the category they wish to work in. The CPT stated that authorities hope to implement this approach progressively, which will begin in Haren prison.¹

Search methods and procedures are defined in the Loi de principes (Article 108), as well as by joint letters (memos) N° 141 of 30 January 2017 and N° 156 of 14 August 2020.

• clothing searches (or pat-downs): The purpose of pat-downs is to check that prisoners do not have dangerous or banned substances or objects on them. Guards can conduct pat-downs when it “is necessary to maintain order and security”. Some of the commissions mentioned complaints about the lack of privacy, as well as improper touching and other inappropriate acts on the part of officers.¹

• body searches (or strip searches): prisoners have to get undressed. A prison officer inspects the surface of the body and observes bodily cavities. An individual is strip searched when the prison director believes that frisking is insufficient. The prison director must submit their decision to the prisoner in writing no later than 24 hours after the search has occurred.

The Constitutional Court banned routine and unjustified strip searching in 2014, stating that a risk assessment is required in order to meet the principle of strict necessity and humane treatment. Routine strip searches are nevertheless still practiced by virtue of the Loi de principes and the No. 141 Joint Letter from 30 January 2017; they are carried out on all prisoners before entering prison, before going into a security or punishment cell (disciplinary cell), and after a barrier-free visit.

According to the Central Prison Monitoring Council (CCSP), there is still a lack of transparency in the decisions made by the prison director. At Merksplas, decisions regarding body searches are jotted down on the back of the report, and sometimes, there is no mention of who made the decision and why.²

Prisoners often complain about strip searches, the failure to follow procedures, and not having a towel to cover their private parts. Some of them also mention that searches are conducted bare-handed, in areas with heavy foot traffic, and that prisoners are forced to bend over. The CCSP said that strip searching is often considered very humiliating.³

The Ministerial Memo No. 1810 states that the restraints authorised for use inside prisons are handcuffs and metal ankle shackles with a double-locking hinge. These restraints may be used when a prisoner presents a physical danger to themselves or others.¹
In 2017, the CPT reported that prison guards used mechanical restraints for prisoners in mental health crises, outside of any medical facility and without the presence of health care personnel. One prisoner in the Leuze-en-Hainaut prison was kept completely restrained with handcuffs for 18 hours after threatening to commit suicide.²
Chemical restraint (haloperidol or zuclopenthixol) is sometimes used for prisoners under mechanical restraint. The CPT stated that this is notably done at Lantin prison. The use of a chemical restraint is only permitted under a doctor’s order and in his/her presence.³
The European Court of Human Rights (ECHR) pointed out that in the 2017 case of Tekin v. Belgium there was an insufficient and imprecise legal and administrative framework on the use of coercive measures. It shared the concerns of international observers.

The decision to employ handcuffs and ankle restraints rests with the prison director and must always be recorded in a special registry of coercive measures, which must also include the circumstances that led to the decision and the time and length of the intervention.¹

The European Committee for the Prevention of Torture (CPT) reported that prisoners who are considered radicalised are subject to increased supervision. The majority are subject to a specific security measure (MSP) or a specific individual security regime (RSPI).¹ See section Security, Order and Discipline.

According to the Belgian League for Human Rights, there has been an improvement in the treatment of allegedly radicalised prisoners. Routine confinement has stopped and the right to complain has been introduced. The Belgian state was condemned for placing allegedly radicalised people in dedicated sections (“D-RadEx” units) without the right to appeal.²

Prison administration monitors political and religious extremism, focusing mainly on Islamic extremism. Policies are being developed to address the growing number of cases of right-wing extremism.
As of 11 January 2021, the prison administration was monitoring 100 prisoners who were considered radicalised: 45 in Wallonia, 43 in Flanders and 12 in Brussels. Their approach to managing them was based on surveillance. The administration pointed out that they focused on disengagement measures (renouncing violence) rather than deradicalisation (changing beliefs and way of thinking). The administration also works with Muslim chaplains and organisations to implement these measures.³

The general disciplinary sanctions, regardless of the nature of the offence, are as follows (Loi de principes, Articles 132 and 133) :

• reprimand with a record in the registry of disciplinary sanctions
• restriction or deprivation of canteen rights (except for toiletries and correspondence material) for a maximum period of 30 days
• isolation in the prisoner’s living area (maximum of 30 days for first category offences and 15 days for second category offences)
• confinement in a punishment cell (maximum of nine days for first category offences and three days for second category offences)

There are special sanctions with durations that vary according to the type of penalty. They may be applied for a maximum of 30 days for first category offences and 15 days for second category offences. These special sanctions are:

• removing the right to own certain objects
• deprivation or restriction of the right to use the library, without removing the right to obtain information for training purposes or for the freedom to exercise one’s religion or philosophy
• deprivation or restriction of contact with visitors from outside prison (e.g., visits through a glass partition)
• deprivation or restriction of the right to use the telephone
• banning participation in cultural activities, sports, or socialising
• banning participation in group work
• banning participation in group training activities

The most widely used disciplinary sanction is solitary confinement (1 to 30 days maximum). Solitary confinement in a disciplinary cell is the most severe sanction.

The CCSP indicated that Monitoring Commissions received complaints about certain disciplinary sanctions. At Gand, prisoners do not always know the exact duration of disciplinary sanctions, which causes them frustration. The Monitoring Commission at Louvain Secondaire observed unjustified disciplinary sanctions. The commission at Forest prison (closed since 2022) noted that isolation in a living area for seven days or more resulted in a transfer to the third wing of the prison; this led to a loss of work and a return to the bottom of the waiting list. The Nivelles commission observed the same situation.¹

Disciplinary sanctions fall under the jurisdiction of the prison director. (Loi de principes, Article 127).
Disciplinary sanctions may be applied with total or partial conditional stay. In the event that said conditions are not respected, the prison director may decide to carry out the total or partial disciplinary sanction imposed. They can add conditions to a disciplinary sanction that is already underway. They may also prematurely terminate a disciplinary sanction that is underway when it is believed that the goal of the sanction has been achieved before its conclusion (Loi de principes, Article 143).

Disciplinary sanctions do not affect the length of the sentences. However, they may affect the decisions of the Sentence Enforcement Court regarding sentence adjustments.

Solitary confinement takes place in dedicated cells, called punishment cells (cachots) and security cells.
The 2 February 2019 Royal Decree states that a punishment cell must have a floor space of at least 10 m2, with a headroom of at least 2.5 m, a width of at least 2 m, and a 1 m2 window to allow for natural light. The door may only be closed from the outside, and it must have a peephole and a service hatch.

The CCSP notes that, in practice, prison officials do not always differentiate between punishment cells and security cells.¹ The CPT also acknowledged this during its 2021 visit: “The delegation received contradictory explanations from administration and staff of the prisons visited regarding who was in charge of solitary confinement placements and the use of restraints (in other words, whether it was a doctor or a non-medical prison personnel who made the decision). In addition, as in previous prison visits, the delegation found there was confusion between disciplinary placements and security placements, both of which are carried out basically in the same cells (both called the same word by personnel, the “cachot”)”. It also noted that the confusion is compounded by the fact that solitary confinement can be applied to prisoners with mental health problems housed in the psychiatric annexes.²

In general, each prison has ten cells set aside for solitary confinement. Some facilities have more ─the maximum observed was 29─. Dinant prison has no punishment or security cells.

In 2021, the CCSP dedicated a report to these areas of confinement, pointing out that the conditions in most of these cells are deplorable. Many of them are small and do not meet standards: they vary in size from 6 m2 to 13.5 m2, including the amenities. There is not enough light, ventilation, and bedding. The confinement cells are usually concrete (sometimes wood or steel) structures attached to the floor on which a mattress can be laid. The mattress is between 10 and 15 cm thick and usually in good condition. Some cells lack these structures, and the mattresses are on the floor. Several Monitoring Commissions reported seeing dirty and worn or even damaged mattresses. Some punishment cells have additional objects and infrastructure: clock, secure mirror, smoke detector, electrical outlet, blackboard (for writing with chalk).

Some security cells are equipped with additional furniture: a pail, chair, table, cupboard, shelves, refrigerator, sink, secure mirror. The furniture is usually bolted to the floor.

The punishment and security cells are usually equipped with a toilet. In many cases, the flush plate is accessible inside the cell. If not, it is outside the cell and can be activated at the prisoner’s request or by a passing guard.³

The Monitoring Commissions saw a number of markings and messages left behind by prisoners on cell walls. They also saw “visible traces and signs of blows, as well as blood, body fluids, and traces of excrement and food.”. Some commissions reported a stuffy odour and mould in these cells, as well as body odour, and odours of disinfectant, tobacco, toilets, plaster, and sewage.¹⁴
CCSP president Marc Nève reported that : “A few days ago, when we went to Tongeren prison, we found that a prisoner in a cell had found no other way to dress than to wrap his body in toilet paper; this is totally unacceptable.”

Prisoners undergoing solitary confinement have the right to at least one hour outdoors. (Loi de principes, Article 136). They have access to an individual prison yard, which is small and dark, covered by wire fencing on top, and can vary from 5.5 m2 to 25 m2 in size. The Monitoring Commissions point out that confined prisoners must frequently request access to time outdoors, as prison officials do not organise regular outings. The outings are usually very early, such as at 6 a.m.¹

Prisoners in solitary confinement cannot take part in group activities. Individual activities such as religious practice, chaplain visits, reading, training, and therapy are allowed. During the isolation period, prisoners can have access to reading material. Nevertheless, the CCSP observed that this is not always respected.¹

Prisoners in punishment cells do not receive any pay for work or training. (Loi de principes, Article 136).

Prisoners in solitary confinement have the right to see their families once a week. A separation is used during this visit (room with a two-way communication device).