The training of prison guards consists of 15 days of theory, six months in the field, and ten more days of coursework. Emphasis is placed on security measures, self-defence, and confinement techniques and regulations. Guards must be at least 20 years old and have Belgian nationality. Trainees are often asked to make up for the lack of staff.

Prison guard training is provided by the Training Centre for Penitentiary Staff (Centre de formation du personnel pénitentiaire, CFPP) in Marneffe for francophones and by the Training Centre for Dutch-speaking penitentiary staff (Opleidingscentra voor Penitentiair Personeel, OCPP) in Bruges and Merksplas for Dutch speakers. These centres provide training for all prison staff (guards, managers, administrative, and technical personnel). Continuing education courses are available for staff members.¹

The prison administration tries to fill vacancies rapidly and often hires temporary employees and young people. These recruitments are part of a work-related policy aimed at promoting youth employment by hiring people under the age of 26 with little or no professional experience (“Rosetta contracts”). New agents are immediately put to work, and the focus is on-the-job-training.²

There are 36 prison facilities. Nine of the prisons for men have a women’s section.
There are two categories of facilities: jails (maisons d’arrêt) for prisoners awaiting trial or sentencing, and prisons, for those convicted. In practice, numerous facilities house both of these populations.

• jails: Antwerp, Dinant, Huy, Louvain secondaire, Malines, Saint-Gilles.
• prisons: Andenne, Audenarde, Ittre (high security), Leuze-en-Hainaut, Louvain Central, Merksplas, Tongres, Wortel ; Hoogstraten and Marneffe Penitentiary Educational Centre (centres pénitentiaires école, CPE) (mainly training centres); Ruiselede agricultural prison (for prisoners who are at low risk of escaping and who can work in the agricultural centre) ; Saint-Hubert detention centre (mainly focuses on community re-integration).
• jails and prisons: Arlon, Beveren, Bruges, Gand, Hasselt, Jamioulx, Lantin, Marche-en- Famenne, Gand, Mons, Namur, Nivelles, Termonde, Tournai, Turnhout, Ypres.¹

The prison system also encompasses specialised facilities:

• halfway houses: Malines (opened in 2019) and Enghien (opened in 2020 and closed since June 2022). These facilities aim to support prisoners nearing the end of their sentences. They can house 12 to 17 people. The halfway houses are managed by a consortium of private entities, such as G4S (an enterprise specialising in security). The CCSP report on these halfway houses indicated: “These places could be very helpful for the most vulnerable prisoners, worn out by prison. But, to improve the reintegration rate, officials are more likely to take in “model prisoners” and prisoners without problems”. Observers point out a lack of transparency in the management of these facilities.²
• detention houses: Courtrai (opened in September 2022). Small scale facilities (housing 20 to 60 prisoners) which admit people sentenced a maximum of three years of incarceration and who present a low security risk. Officials are planning to create 720 places in detention houses throughout the country.

Several prisons also have specific annexes and sections (units):

• psychiatric annexes in Antwerp, Gand, Jamioulx, Lantin, Louvain secondaire, Merksplas, Mons, Namur, Saint-Gilles prisons
• sections for prisoners under internment measures in Antwerp, Bruges, Merksplas and Turnhout prisons
• medical-surgery centre in Saint-Gilles prison
• drug-free sections in Bruges and Hasselt¹ prisons

People with mental health issues are over-represented in prison. The CPT reports that there is not enough psychiatric and psychological care, and that there is a marked lack of mental health professionals. In most prisons, a psychiatrist is present for a few days per week. In 2020, there were no psychiatrists present in Andenne, Arlon, and Berkendael (closed since November 2022) prisons.¹ Requests for outside support for treating mental disorders may, in some cases, entail a waiting time of up to one or two years.²

There are many cases of mental disorders in Ittre prison: severe depressions, suicidal states, breakdowns, poly-drug use. The administration gives priority to treating the most urgent cases. The others lack treatment and regular follow-ups.
Prisoners suffering from mental health problems can be placed in psychiatric annexes. These annexes are intended for relatively short detention periods, but, in practice, prisoners often stay there for between two and four years, pending a transfer decision to a specific facility. Psychiatric annexes accommodate, on a permanent basis, individuals undergoing mental health treatment when there are no specific facilities available to take them in.
Individuals with mental health problems are sometimes placed in confinement cells while waiting to be transferred, or when a prison does not have a psychiatric annex.³

Antwerp, Brussels, Gand, Haren, Jamioulx, Lantin, Louvain Secondaire, Mons and Namur prisons all have psychiatric annexes.
The broken windows in the psychiatric annex of Saint-Gilles prison have been replaced with plexiglass and plywood panels, which do not meet fire safety standards.⁴ During its 2021 visit, the CPT delegation met with prisoners who were living in very dirty cells, and who were demonstrably incapable of looking after their own personal hygiene or that of their cell.⁵

The European Court of Human Rights (ECHR) condemned Belgium several times for the poor management of their psychiatric annexes.[^echr] It found that the overcrowding and the lack of regular treatment constitute inhumane and degrading treatment. In 2016, the Court stated that the management of the psychiatric annexes represented a structural and systemic problem and asked the State to reduce the number of individuals they take in. Five years later, the European Court of Human Rights (ECHR) condemned Belgium following the complaint of five prisoners (Judgment Venken and Others v. Belgium). They claim to have been interned in the psychiatric wings of an ordinary prison. The ECHR recognised that the applicants had not had access to appropriate care and that they had not had any effective means of redress to change their situation.

Offenders deemed to be not responsible for their actions are interned in specific facilities:

• social defence facilities (établissement de défense sociale, EDS), in Paifve, and social defence sections (sections de défense sociale, SDS), in Antwerp, Bruges, Merksplas and Turnhout
• forensic psychiatry centres, in Ghent and Antwerp
• civic hospitals

For more information on specific facilities, consult our thematic paper Belgium: walling up madness.

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

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).

Prisoners have the right to receive treatment in prison (Loi de principes, Article 89). Continuity of care for prisoners is a major concern: there is no protocol to link medical follow-up before, during, and after incarcerated.

Prisoners’ medical records are stored on a different platform than the one used for people outside prisons. The medical record of someone entering prison is not transferred to the prison medical service.¹

The internal rules set the rules for visits (Loi de principes, Article 32). Officials may terminate a visit if the visitor infringes prison regulations (Article 63). Routine visits take place under supervision (Article 62). The prison may limit the number of people visiting at the same time.

Visitors must go to the prison’s admissions area with a form of identification, where they are photographed and given a visitor’s badge. They are allowed to bring items for the prisoners that will be subject to security checks. They then go through security and leave their personal effects (keys, telephone) in a locker. They have to stay in a waiting room until a porter takes them to the visiting area.
Between 2017 and 2019, the Belgian League for Human Rights surveyed more than one hundred relatives of prisoners in six facilities. More than half reported waiting between 30 minutes and two hours before their visits. Almost 70% said the waiting room was inadequate: too small, with no air conditioning, or no accommodation for people with reduced mobility. Nearly all visitors pass through metal detectors, and additional security measures are sometimes carried out (frisking, dog searches, body searches). The searches are often done by persons of the opposite sex. Many visitors said the entry process varies significantly depending on the prison guards. According to the study, the cases of poor reception seem to be due to communication problems or guards abusing their power.¹

In Forest-Berkendael (closed since November 2022) and Huy prisons, the unsupervised visiting areas are cramped, messy, and poorly equipped; some do not have windows. In Wortel-Hoogstraten prison, there are no rooms set aside for family visits and there is only one room for unsupervised visits.²

Visits are frequently cancelled when there are not enough staff present.

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

There are three types of prison regimes, generally grouped within different units of the same facility:

• open regime: prisoners can move freely within the prison and are subjected to minimal restraints.
• semi-open regime: prisoners can work during the day inside or outside the prison. They must return to their cells at night.
• closed regime: prisoners are kept in their cells. They may leave their cells on various grounds (visitations, work, activities); this is the most common regime.¹

The Huy prison for men is noted for having a so-called progressive regime: the prison has different sections, each with a varying degree of freedom. Prisoners may move from one section to another, provided they meet certain conditions, some of which concern their behaviour. There is a closed regime on the ground floor: all prisoners are placed there under observation upon arrival. This lasts for at least six weeks for the untried prisoners and 15 days for those with sentences. During this period, they cannot take part in activities. The following equipment is banned: video game consoles, fans, hot plates, and refrigerators. The prisoners are allowed to have their children visit them upon request.
The first floor has a “closed door” policy. The appliances banned on the ground floor are permitted. Prisoners may participate in activities except for those who are “punished”.
There is an “open door” policy in Unit A. Cell doors remain open at various times of the day, and access to equipment and activities is the same as that of the “closed door” policy. Prisoners who have taken on jobs in housekeeping, kitchen work, or gardening can gain access to this regime. Those who have received training in the facility have priority. Among the criteria considered are behaviour, status, and sentence duration.

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

Families of foreign prisoners cannot benefit from specially arranged visits.

There are some measures in place for the prevention of contagious diseases and epidemics.
Testing for infectious diseases is not always carried out and the methods are not standardised. According to a KCE study, the only routine testing done in 75% of prisons is for tuberculosis. Only six prisons in 2017 offered HIV and hepatitis tests when entering prison. Half of the facilities offer these tests to prisoners during their time in detention.¹
Patients with infectious and contagious diseases, such as tuberculosis or scabies, are isolated. Sometimes, officials may place in the same section prisoners with the same condition. They give practical reasons for doing so, such as managing their movements. These people are sometimes denied the right to work. During the COVID-19 pandemic, wearing a mask was mandatory for prisoners and staff. The CCSP reported that this measure was not always followed by staff in Jamioulx, Leuze-en-Hainaut, Marche-en-Famenne, Namur, Saint-Gilles and Saint-Hubert prisons.²

Not all patients receive the appropriate treatment, such as those who are positive for hepatitis C.¹

There are no studies of prevalent diseases.
Prisoners are seven times more affected by hepatitis C¹ and ten times more by tuberculosis ² than people on the outside.

General medical care is usually provided in detention facilities. Medical teams are insufficient in number and skills.

There is an absence of specialists across the board: physiotherapists, dentists, ophthalmologists, dermatologists. The medical team is usually made up of nurses. Medical personnel are usually only on duty during the day.¹

Most dentists are part of a mobile team who offer their services for a few days a month in each prison. Many prisoners complain about the quality of dental care (too many extractions, not enough anaesthetic, poorly done fillings). Some of them do not go to dentists because of poor treatments.² There are no dentists in Tongres, and prisoners must go to another facility, which causes longer wait times.³ In Lantin, the wait times to see a dentist are up to four months.⁴

The working conditions for healthcare professionals are seen as difficult: insufficient equipment, finances, training, organisation, etc. Treatment rooms do not have all the necessary equipment. This is especially the case for the physiotherapy room in Ittre prison, where prisoners cannot always get the treatments prescribed.⁵

Prisoners complain that medical appointments are too short and not thorough enough. The shortage of medical personnel is partly to blame. Some appointments last only one minute or take place at the reception desk. The attitude of health personnel is described as “formal” and “distant”.⁶

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

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 lack of menstrual hygiene products is a problem in prisons. The availability of menstrual products differs from one facility to another. In some facilities, prisoners are given a kit upon arrival and can buy products later at a canteen or obtain them from outside organisations (such as, I.Care, Red Cross). Some provide sanitary napkins at no charge, while tampons must be purchased at the canteen.¹
I.Care reported that Berkendael (closed since November 2022) did not always provide menstruation kits upon arrival. Prisoners could obtain sanitary pads when requested, but not tampons or panty-liners. They cost between 6 and 60% more than on the outside. Sanitary napkins were not always individually wrapped and were handled by officers without prior disinfection. Prisoners said they were either “inadequate”, “too large”, or “chafing”. Prisoners had to wash their underwear by hand, but they did not have unrestricted access to hot water in their cells and had to ask the officers for assistance. In Mons, the pads were too small, and sometimes prisoners had to use two at a time.

Gynaecological follow-up and treatment for post-traumatic syndromes are neglected. Yet, the Centre d’action laïque reported an over-representation of women who are victims of domestic violence, sexual assault, or both, among female prisoners.
The CPT noted that at the two female units visited in 2021 (Antwerp and Lantin), prisoners were not screened upon arrival for domestic and sexual violence, the need for mental health care (including post-traumatic stress), for risks of suicide and self-harm, or reproductive health history.²

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

The size and capacity of prison facilities vary greatly. Nine prisons have more than 400 places, and seven have fewer than 100.
Haren prison, which opened in November 2022, is the largest prison in the country, with 1,190 places. It consists of a jail and a prison for men, a closed centre, an open centre for women, an observation centre, and a medical and psychiatric unit. It will replace Forest and Berkendael prisons (closed since November 2022) and, ultimately, Saint Gilles when it closes (in 2024).
The smallest facility, the Malines halfway house, has 15 places.
The prison system has produced successive “masterplans” since 2008 as a response to issues of prison overcrowding and detention conditions. One of these included opening the Haren prison. Many members of civil society have denounced the government’s mega-prison policy and its public-private partnership approach to management.