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

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

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).