There are separate sections for female prisoners in the following nine facilities: Antwerp, Bruges, Gand, Hasselt, Haren, Hoogstraten, Lantin, Marche-en-Famenne and Mons.

Two officers carry out body searches on newly admitted prisoners and in the cell block. One of them is frequently of the opposite sex and waits in the hallway.¹
The Loi de principes states that a search must be carried out in the presence of at least two guards of the same sex as the prisoner (Article 108).

Women are sometimes “forgotten” by the prison system, often having less access to work, leisure, and other activities. They are also denied certain custody arrangements that are available to men, such as day parole (spending nights in prison and days on the outside).
In the Berkendael prison for women (closed since November 2022), work was limited to small manual jobs and housekeeping. Female prisoners living with their child faced job insecurity due to the lack of internal day-care or outside childcare facilities. Their community reintegration is based mainly on their role as a mother, to the detriment of vocational training.¹ Mothers imprisoned at Bruges are not given appropriate activities.²

Lantin and Bruges prisons have nurseries for mothers and their children (Memorandum of understanding of May 2014). A nursery must be in a cell space of about 15 m 2 per mother-child, with space for changing/bathing area, as well as communal areas: rest rooms, kitchen, furniture, as well as appropriate games (Article 4). There should be an activity for mothers and their children at least once a month.

Haren prison has two cells set up for women and their young children. They are not separate from the rest of the prison.
In 2017, the CPT pointed out that Lantin prison needed renovation work and upgrading of nurseries (no shower heads, rusty bathtubs, a hole in the bathtub lining, etc.).¹

Female prisoners transfer cells one month before their due delivery date. In Lantin, they go to the nursery to familiarise themselves with the communal areas and their new cell. Researcher Corinne Rostaing found that the atmosphere of the nursery is more relaxed than in the rest of the prison. The nursery includes four cells that can accommodate four mothers. The open cells and space to move around promotes interaction and conversation. There is space, a kitchen, and a common bathroom, as well as a play area. The mothers prepare the children’s meals themselves. Sometimes the guards share time with the children or watch over them when their mothers go to fetch something from their cell. For prisoners and staff, this interaction is positive, even if it is not approved by the authorities. Sometimes the mothers look after other children and share clothing. The mothers in the prison nurseries are isolated from the rest of the female prisoners. They cannot join the others for outdoor walks or take part in group activities. Sometimes the other cells are empty and a mother is left alone with her child. One of these women shared her experience: “Before delivering, I had many friends among the female prisoners. Now that I am with my son, I can no longer see them or talk to them…” (from the Fonds Houtman, 2010).²

The Belgian section of the International Prison Observatory warned that: “The situation these babies and young children are in as far as their social services rights go is unclear (birth premium, allowances), and the presence of nursing babies in prison facilities inevitably raises questions. On one hand, it allows mother and child to bond, creating an indispensable relationship during the first months of life to build identity and place in the world. On the other hand, incarceration, inappropriate spaces, and lack of visual, olfactory, and auditory stimuli can affect the child’s development.”

The security staff is not in civilian clothes when working in the children living spaces.

Authorities must take care of the specific needs of the children.
Members of the Office of Birth and Childhood (ONE), who are regularly present in the prisons, represent various professions: “PEPs” (partenaires enfants-parents who provide medical and social support to pregnant women), midwives, psychologists, and early childhood workers. Educators specialising in child care are also present (Memorandum of Understanding of May 2014, article 6). The Memorandum of Understanding defines the provisions that children in prison with their mothers are entitled to, such as health care, psychological and social care, preventative and curative care, access to specific areas, and maintaining ties with the other parent and the rest of the family (Article 8).

The Juvenile Court (Tribunal de la Jeunesse) is the jurisdiction that deals with minors.

The juvenile justice system in Belgium has adopted a protection-oriented model. Juveniles are not considered offenders but perpetrators of contraventions. Rather than punishment, judges must opt for so-called restorative measures, such as socio-educational interventions (reprimands, placement of the minor, or preservation in their own environment).

The types of facilities accommodating young offenders depend on the classification of the minors: dessaisi or non-dessaisi. Dessaisis minors are minors aged 16 or over who are no longer under the jurisdiction of the Juvenile Court. They are referred to the Public Prosecutor and may be prosecuted and sentenced as adults.
Dessaisi minors may be sent to the Saint-Hubert centre communautaire pour mineurs dessaisis (CCMD), where a communal living regime has been implemented. It can accommodate 12 young men aged between 16 to 23.
A minor can be housed in a public youth protection institution (institution publique de protection de la jeunesse, IPPJ), in an open regime from the age of 12, and in a closed regime, from the age of 14.

The IPPJs Wallonia are in:

• open regime, intra-murals: Fraipont, Wauthier-Braine, Saint-Servais
• open regime, extra-murals: Fraipont and Jumet
• closed regime: Braine-le-Château, Fraipont, Wauthier-Braine, Saint-Hubert, Saint-Servais

The IPPJs Flemish are in:

• open regime: De Kempen campus De Markt, De Zande
• closed regime: De Kempen campus De Hutten, De Grubbe

The latest statistics published by the prison administration showed that in 2017, there were prisoners of more than 130 nationalities. The majority of foreign prisoners were Moroccan (9.6%), Algerian (4.8%), Romanian (3.2%), Dutch (2.7%), French (2%), Albanian (2%), Italian (1.4%), Turkish (1.1% ), and Tunisian (1.1% ).¹

The following immigration-related offences are punishable by imprisonment :

• unauthorised entry and/or stay
• failure to respect non-custodial measures
• failure to leave the country after an expulsion order
• violation of a re-entry ban

Foreign prisoners can make phone calls to their home country.

Those whose mother tongue is not the same as that of their community face a language barrier in prison. This is a problem for Dutch speakers in Belgium who are incarcerated in Wallonia, for francophones incarcerated in Flanders, and for German-speaking Belgians incarcerated in either one.¹

There is no specific detention regime for Prisoners condemned to a long sentence.

Life sentencing can be applied in the following cases:

• physically assaulting the King (Penal Code, Article 101)
• attempting to murder the heir apparent to the crown (Article 102)
• various crimes and offences against the State’s international security (Book 2, Title 1, Chapter 2), such as espionage, sharing of confidential information with foreign parties, and acts endangering national security
• various serious violations of international humanitarian law (Articles 136-136octies)
• certain serious terrorist offences against a State or international organisation (Articles 137-138, 140septies)
• kidnapping someone who is in a vulnerable position due to age, pregnancy, illness, infirmity, physical or mental disability, or minority status (Article 347bis)
• kidnapping and causing a possible incurable illness, inability to self-care for more than four months, total loss of the use of an organ, serious injury, torture, or death (Article 347bis)
• homicide motivated by hatred or hostility towards the victim (Article 405ter)
• murder committed to assist in robbery, extortion, destruction or damage to ensure impunity (Articles 475 and 523)
• arson committed with knowledge that there are persons on the premises and causing death (Article 518).

Life-sentenced prisoners are not subject to a specific prison regime.

A prisoner serving a life sentence may be granted conditional release after serving at least 15 years. This period may be extended to 23 years for any repeat criminal offences. (Loi relative au statut juridique externe, Article 25).

According to the Loi 1990 relative à la détention préventive pre-trial custody can be appealed (Article 24).

The Loi de principes provides for a prison regime consistent with the presumption of innocence of people awaiting trial (Article 13). This principle is not always followed.
Those accused of committing a terrorist-related offence are placed under a specific regime before being sentenced.

Minorities and indigenous people are not subject to any particular prison regime.

There are no special rules in place for the protection of LGBTI prisoners. The direction générale des établissements pénitentiaires (DG-EPI) has been working on this for several years, particularly for transgender persons, but there is not yet a specific framework in place for this group.¹

Saint-Hubert prison has a specific unit for 30 prisoners over the age of 60 who are nearing the end of their sentence. The premises are adapted: everything is on one level and wheelchair accessible. Specific activities are offered to them. Merksplas prison in Antwerp also has a pavilion for elderly prisoners.

The other facilities do not have specific units for older persons. For example, this is the case for Saint-Gilles prison.

Spaces are not designed to facilitate access to beds, showers or the exercise yard and the passage of wheelchairs. Food is not adapted for people with no teeth.

Prison directors must take measures on a case-by-case basis, depending on the individual needs of elderly prisoners The medical teams are often overworked and cannot provide proper care. Guards sometimes call on other prisoners to help and accompany those with less mobility. Prison authorities only take measures when the prisoner’s condition deteriorates.

Elderly prisoners may be granted early release for health reasons such as when their condition is incompatible with their detention or when they are at the end of their life. In practice, these measures are rarely used.

There are no specific regulations in place for disabled prisoners who need assistance. The Belgian League for Human Rights reports that Belgium has a structural problem in this area.