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Belgium

Capital city — Brussels

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Panorama

Living conditions

Accommodation

The law establishes a minimum standard for living space per prisoner

yes

The 3 February 2019 Royal Decree (Article 1) defines the standard size of cells needed for one or more prisoners:

  • 10 m2 for one person
  • 12 m2 for two persons
  • 15 m2 for three persons
  • 25 m2 for four persons
  • 38 m2 for five or six persons

Headroom (minimum ceiling height) must be at least 2.5 m and a width of 2 m. An allowance of 15% is acceptable for the headroom, particularly for already existing prisons, within the limits of the European Committee for the Prevention of Torture (CPT) recommendations. In reality, these minimum space requirements are not respected. The situation may vary within a given establishment.
Several Monitoring Commissions (Arlon, Audernarde, Dinant, Huy, Jamioulx, Louvain Secondaire, Malines, Marneffe, Tongres, Wortel-Hoogstraten, and Ypres) have underlined the cramped conditions of the cells.1
The European Court of Human Rights (ECHR) condemned Belgium in 2017 (Sylla et Nollomont v. Belgium), for having placed three persons in a 9 m2 cell in Forest prison (closed since November 2022), and two in a 8.8 m2 cell in Lantin prison.

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 24 and 34 (in French). ↩

  • In its 2022 annual report, the CCSP reported that the stipulated minimum living space for each prisoner is not adhered to. In practice, cells designed for three individuals vary from 6 square metres to 9.9 square metres, while those meant for four individuals measure 13.3 square metres.

    i
    19/09/2023
    / Conseil central de surveillance pénitentiaire (CCSP)

Prisoners are accommodated in single cells

in some facilities

Prison facilities do not systematically provide individual cell accommodation. Two or three untried prisoners often share a 9 m2 cell; the third person usually has to sleep on a mattress on the floor. There is not enough furniture (tables, chairs) for the number of prisoners occupying the cell. The country has been condemned several times for failing to respect the minimum living space per prisoner, reducing personal space to less than 4 m2.1 Individual cell accommodations are expected for the newer prisons, such as Haren.

  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. 17 (in French). ↩

  • In its 2022 annual report, the CCSP revealed that Dutch prisoners extradited to Belgium are invariably placed in individual cells. This practice prioritises them for single-cell accommodation ahead of non-Dutch prisoners, a policy the CCSP identifies as a breach of the equality principle.

    i
    19/09/2023
    / Conseil central de surveillance pénitentiaire (CCSP)

Prisoners sleep on

  • a bed
  • bunk beds
  • a mattress

Prisoners frequently sleep on a mattress on the floor. This was the case for 200 prisoners in 2021.1
During its visit to Antwerp prison in 2021, the CPT observed that 78 male prisoners and 12 females (two of whom were in the psychiatric annex) were sleeping on the floor on mattresses, sometimes placed next to the sanitary facilities (with no partition).2 They noted that in the prisons visited, the cells were properly furnished (cupboards, shelves, tables and dressers, chairs). For its part, the CCSP reportedly found broken objects and furniture, as well as damaged and obsolete equipment.3 Prisoners are allowed to arrange their cells as they like as long as they respect the internal set of rules (Loi de principes, Article 41). They have the right to store objects in their space or on themselves that are not “incompatible with order and security” (Article 45). This space is routinely searched (Article 109).

  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. 17 (in French). ↩

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

  3. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 24 and 34 (in French). ↩

  • The CCSP’s annual report disclosed that, as of 1 March 2023, 250 prisoners were sleeping on the floor.

    i
    19/09/2023
    / Conseil central de surveillance pénitentiaire (CCSP)

  • The CCSP observed in 2022 that the renovation work at Namur prison had been completed. The prison’s various units had been entirely renovated. The doors and windows of the cells were expanded and fitted with new interior and exterior joinery. The walls and ceilings were redone and covered with an epoxy paint that limits damage and is easier to maintain. The floors were retiled, and the cell furniture was replaced with attached metal furniture. All the building systems (heating, electricity, sanitation, ventilation) were redone. The renovated districts are equipped with new communication and security equipment. The sanitary areas in double-occupancy cells have been updated. The toilets and sinks are now separated from the rest of the room by a dividing wall that offers a bit more privacy. The number of showers increased from 8 to 47 showers for every 250 prisoners.

    i
    15/05/2023
    / Conseil central de surveillance pénitentiaire (CCSP)

All the prisoners are provided with bedding

yes

Upon admission, prisoners usually receive bedding, clothing, towels, paper, a pen, envelopes, and a stamp.1

  1. Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, “Belgium: in prison abroad”, 3 September 2020, p. 7. ↩

Every living area must have a 1 m2 window that allows natural light to enter and offers a view to the outside (Royal Decree 3 February 2019, Article 1).
According to the Central Prison Monitoring Council (CCSP), there is in fact not enough daylight, ventilation, or fresh air in the cells.1 The most recent complaints recorded by the CPT in 2017 concerned the ventilation and aeration of cells.2 During a recent visit in 2021, it observed that the cells in four supervised prisons have enough light and ventilation.3

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 34 (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 27 March to 6 April 2017”, 8 March 2018, p. 34.”, (in French). ↩

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

The cells/dormitories are provided with electric lighting

yes

Living spaces must be equipped with remotely controlled night lighting, that is intense enough to allow surveillance while allowing maximum rest for prisoners (Royal Decree 3 February 2019, Article 8).
In practice, the CCSP considers that there is not enough artificial lighting in many facilities.1.

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 34 (in French). ↩

The cells/dormitories are equipped with heating and/or air conditioning

in some facilities

“The heating system must provide a minimum ambient temperature of 18 °C in every space where a prisoner may be present” (Royal Decree 3 February 2019, Article 8).
The CCSP observed in 2021, that there is not enough insulation in several facilities and that the heating systems are not always working properly. The Monitoring Commissions noted a “a feeling of insecurity caused by problems affecting the infrastructure”, for example faulty electric circuits and/or substandard back-up heaters.1.

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 24 and 34 (in French). ↩

Prisoners can smoke

in their cells and during outdoor daily walks

i
09/06/2015
/ Moniteur Belge, Etaamb, Arrêt publié le 09 juin 2015.

Most prisons do not allow prisoners to smoke in solitary confinement cells due to security issues. Prisoners in isolation may smoke outside in the courtyard. Cigarettes are provided at the start of the outing and retrieved at the end. Smokers said that “smoking once a day is not enough”. The CCSP observed that depriving someone of tobacco creates stress. In a few establishments, the authorities allow cigarettes inside solitary confinement cells “to help calm prisoners”.1

  1. Central Prison Monitoring Council, “Utilisation des cellules de punition et de sécurité dans les prisons belges”, 2021, p. 130 (in French). ↩

Hygiene

Prisoners have access to water

in their cell/dormitory - outside of their cell/dormitory

The living spaces of prisoners must be equipped with a sink (Royal Decree 3 February 2019, Article 2).
In 2021, the CCSP noted that not every cell had running water in Forest prison (closed since November 2022) and Merksplas prisons.1 The same situation was noted in Antwerp prison.2

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 27 (in French). ↩

  2. 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. 18 (in French). ↩

Showers are located in the cells/dormitories

in some facilities

Cells/dormitories must have a shower if there is enough space. Shower and toilet facilities must be completely separated by a door or partition when two or more prisoners share a cell (Royal Decree 3 February 2019, Article 2 and comments).
Only new facilities have a shower in single occupancy cells. The infrastructure of older prisons does not allow for this, so showers are communal and access is limited.1

  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. 18 (in French). ↩

There are many problems accessing communal showers: insufficient number of showers because of overcrowding, breakdowns, damages, and repair work such as in Antwerp, Arlon, Huy, Marneffe, Merksplas, Paifve, and Saint-Gilles prisons. The CCSP noted issues of privacy (Ypres), deterioration (Forest, Malines, Nivelles), calcification and rusting of pipes (Ittre), obsolete boilers (Jamioulx), faulty electricity (Nivelles), and inconsistent supply of hot water. (Bruges et Saint-Gilles).1
At several prisons, including Merksplas, the showers are infested with mould. In some prisons, access to communal showers is limited; on average, prisoners can shower two to three times a week. The lack of personnel can also limit this access.2

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 27-28, 34 (in French). ↩

  2. 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. 18 (in French). ↩

Types of sanitary facilities

toilet

In principle, there should be toilet facilities in every cell.
In 2021, the CCSP reported that not all cells in Forest (closed since November 2022) and Merksplas prisons had toilets and running water, and prisoners had to use buckets instead.1

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 27 (in French). ↩

Sanitary facilities are clean, adequate and accessible

no

Not all prison cells (Forest, Antwerp, Tournai) have toilet facilities. Prisoners have to use buckets, which are emptied daily. Several Monitoring Commissions reported that toilet facilities in the cells are not always kept apart, and privacy is not always guaranteed: “Toilets are sometimes separated from the rest of the cell by a low wall, partition, or a makeshift curtain made by the prisoners”.1 The toilets are sometimes visible through the cell peep hole.2

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 24 and 27 (in French). ↩

  2. 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. 18 (in French). ↩

The prison service provides personal hygiene products free of charge

yes

According to the internal set of rules, prisons must supply toiletries free of charge, such as: soap, toothbrush, toilet paper, shampoo, dental floss, razor blade, shaving cream and sanitary products. Other hygiene products may be purchased. The Belgian section of the International Prison Observatory noted that, in some female units, there are not enough sanitary products provided. Most of them have to buy any extra products they require.

The prison service provides cleaning products free of charge

yes

As a rule, prisoners must be supplied with the necessary products to keep their spaces clean. (Royal Decree 3 February 2019, Article 9). Nevertheless, there is a lack of cleaning products in most prisons, except for Hasselt and Louvain Secondaire. At Ittre, accessing said supplies is difficult due to budget cutbacks.1

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 25 (in French). ↩

Beddings are refreshed

yes

Bed linens are usually changed once or twice a month, but this varies between facilities.

Prisoners are allowed to wear their clothes and shoes. If prisoners cannot provide the garments themselves, the prison must provide them (Royal Decree 3 February 2019, Article 43).
The internal set of rules specifies how many items of clothing prisoners can keep in their cells.
In some facilities, prisoners must wear what the prison provides in certain situations, such as solitary confinement. According to Belgian League for Human Rights, prisoners frequently complain about these outfits and their improper sizes.

In closed regimes, prisoners can get their families to do their laundry, or failing this, the prison can do it. Prisoners in community, semi-open and open regimes may have access to a laundry room.

Each facility must have a “maintenance plan” that includes procedures to prevent and control parasites and contagious diseases. All spaces occupied by prisoners must be cleaned lightly on a daily basis, and deeply cleaned weekly (Royal Decree 3 February 2019, Article 9).

In 2021, several Monitoring Commissions drew attention to cell conditions: humidity, mould, water-leaks (Forest-Berkendael, Hasselt, Lantin, Louvain central, Paifve and Saint- Gilles), and pest infestations (rats, mice, cockroaches) were seen in several prisons. In Hasselt, two cells had large mould stains on the ceiling, only a few centimetres above the face of the person sleeping on the upper bunk bed. In some facilities, water seepage during heavy rainfall makes the bedding damp.1

Interior common spaces (hallways, sections, common rooms, stairwells) have various problems: humidity and mould (Dinant, Gand, Malines, Ypres), roof damage, floors in poor conditions and which are hard to maintain, dirt, debris, chipping wall paint, presence of mice/rats (Antwerp), absence of window panes, bad odours (Antwerp, Forest, Huy). The CCSP also noted damaged tile walls (Jamioulx and Turnhout), leaking taps (Jamioulx), and blocked drains (Forest and Saint-Hubert). None of these facilities seemed to have a maintenance plan in place. It warned that unsanitary conditions can lead to a number of health problems: physical and psychological, such as skin disorders, insomnia, and anxiety.1

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 24-34 (in French). ↩ ↩

  • The CCSP’s annual report for 2022 revealed that due to overcrowding, facilities are experiencing an increase in vermin and a rapid deterioration of materials.

    i
    19/09/2023
    / Conseil central de surveillance pénitentiaire (CCSP)

  • The CCSP reported in 2022 that 44% of complaints received from Mons prison related to health and safety issues, such as bedbug infestations in the cells, heating problems and the lack of hot water.

    i
    15/05/2023
    / Conseil central de surveillance pénitentiaire (CCSP)

  • In early November 2022, the CCSP observed that twelve cells at the Tournai prison were closed due to unhygienic conditions. Other cells were sanitised in early 2023 following a bedbug infestation.

    i
    15/05/2023
    / Conseil central de surveillance pénitentiaire (CCSP)

Food

Drinking water is free and available in all areas of the facilities

no

In some facilities, particularly in older ones, tap water is not drinkable. The pipes are often rusty.

Number of meals per day

3

Daily cost of meals per prisoner

4,05 €

This is the average cost in most facilities, except for those under a public-private partnership.1

  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. 18 (in French). ↩

Food services are managed by

the prison administration or private services

Meals are usually prepared on the same day by prisoners supervised by prison staff, or by a private food company if under a public-private partnership. In some prisons, the food is delivered by an external supplier, in the absence of a fully functional kitchen.1
In 2021, several Monitoring Commissions reported infrastructure issues: run-down kitchens that need to be renovated or repaired (Bruges and Ittre), minor damages (Jamioulx), faulty electrical installations (Mons), and defective kitchen appliances (refrigerators, ovens, and percolators) that caused power outages (Forest, Ittre, Louvain Secondaire, and Mons).2 Cockroaches and rats were found in the kitchens of older prisons (Antwerp, Forest, Lantin, Saint-Gilles).3

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

  2. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 28 and 29 (in French). ↩

  3. 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. 18 (in French). ↩

The prison service is required to meet nutritional standards regarding quality and quantity

yes

The Loi de principes (Article 42) states that “A prisoner must receive a sufficient quantity of food that meets modern food safety standards, and where required, adapted to their health condition.”

The quantity and quality of food vary considerably from prison to prison. Some prisoners complained to the CCSP about the lack of food safety, as well as small and monotonous meals. There doesn’t appear to be enough monitoring of food preparation and distribution. In some establishments, the same prisoners are always served last, and their meals are almost or already cold. Some prisoners are often forgotten.1

I.Care members receive complaints about food regularly: lack of fresh fruit and vegetables, out-of-date food, insufficient quantities, meals served cold, supper served in early or mid-afternoon.

The food situation is aggravated when guards go on strike. Prisoners are not always told when strike action will occur, so they cannot prepare and buy from the canteen in advance. This creates frustration and can lead to tensions.2

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

  2. I.Care, Alimentation en prison, p. 6 (in French). ↩

The prison service provides food that respects special dietary needs

yes

Health conditions, cultural and religious practices must be taken into account when planning meals. However, this is not always respected.1

Halal food or other special diets are not always provided in prisons without a dietician.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, p. 18 (in French). ↩

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

Prisoners eat their meals in

their cell or common areas

Prisoners in closed regimes eat in their cell. Those in community regimes sometimes eat in common areas.

Prisoners can buy food products

yes

Prisoners can buy food at the prison canteen. The prison provides a list of the available items. Several studies show that prices are 10% to 15% above market prices. Prisoners pay an additional mandatory contribution fee , which accounts for 10% of their purchase. This goes into a fund set aside for destitute prisoners. The beneficiaries often have to wait several weeks to receive aid (See section Financial Resources).
Some Monitoring Commissions reported complaints about the lack of fresh products in the canteens, the obligation to buy large quantities (Nivelles), and limited supply in general (Namur). Waiting times are often long, and the products are almost out of date by the time they are received.1

  1. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 38 (in French). ↩

Prisoners can have access to a refrigerator

in some facilities

Refrigerators are only available for prisoners in the newer facilities.

Prisoners are allowed to cook in their cells or in a shared space

in some facilities

Cells rarely have hotplates. Common kitchens may be booked by prisoners in open or community regimes.

Prisoners are allowed to receive food parcels

in some cases

Part of the prisoner's food is produced by the prison

no

  • The prisoners in the B wing of the Leuven central prison have access to a vegetable patch where they can garden and grow fruits and vegetables for their own use. At the Marneffe prison, garden harvests are sent to the staff cafeteria. They are not used in prisoners’ meals.

    i
    16/03/2023
    / Conseil central de surveillance pénitentiaire (CCSP), Conseil central de surveillance pénitentiaire (CCSP), "Visite des établissements pénitentiaires de Louvain Central et de Marneffe”, pp. 30-51