pi_fp_belgiquefr_illustration.png

Belgium

Capital city — Brussels

+
Panorama

Daily life

Activities

All prisoners are entitled to spend at least one hour a day in the open air

yes

Prisoners have the right to at least one hour of outdoor exercise or activity per day. (Loi de principes, Article 79).

Monitoring Commissions reported problems in the yards (outdoor areas) of ForestBerkendael (closed since November 2022), Huy, Ittre, Jamioulx, Lantin, Louvain Secondaire, Malines, Marche-en Famenne, Marneffe, Merksplas, Paifve, and Saint-Hubert prisons. In particular, they draw attention to the inadequate size of the yards, lack of shelter, the presence of rats, objects and banned substances strewn around, poor ground maintenance, pollution and garbage, and the lack of green spaces.1 Outdoor time may be cancelled due to a lack of staff. Conflicts among prisoners also affect outings. Some prisoners do not take their daily time outdoors for fear of violent attacks.2.

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 31 (in French). ↩

  2. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 42 (in French). ↩

  • The CCSP’s annual report for 2022 disclosed that the guarantee of a minimum of one hour of daily outdoor exercise is not met due to staff shortages.

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

The prison service offers activities to prisoners

yes

Prisons must provide access to education, literacy training, as well as vocational and socio-cultural training, and social skills (social and relationship skills). It must also offer creative, cultural and physical activities. (Loi de principes, Article 76). In 2021, the European Committee for the Prevention of Torture (CPT) observed that, in general, most prisoners, particularly those in remand, have very few activities organised for their time outside. They spend up to 23 hours a day in their cell watching television, listening to the radio, reading or playing computer or board games. Among the prisons visited, the only exception was Ypres prison: according to the director, any prisoner in this establishment wishing to take part in activities can do so on any day.1

Activities are organised by external organisations, depending on the establishment; the offer is limited and varies among facilities. According to the CCSP, budgetary restrictions of the Flemish government limit the offer of physical and sports activities at Louvain Central. Other establishments, like Audenaerde, offer a variety (biking, fitness classes, yoga).2 Activities also vary from one regime to another.3

The Prison Service does not provide figures for the total number of prisoners participating in activities. The number fluctuates and depends on numerous factors (number of officers present, visits, yard, movements within the prison).

A study in the European Journal on Criminal Policy and Research showed that a lack of staff limits regular activities.4 The CCSP reported that there are not enough rooms or suitable spaces for group activities. The available spaces are too small (especially the training rooms at Turnhout), poorly ventilated (the classrooms and workshops at Gand, Jamioulx, Lantin, and Saint-Gilles), poorly lit (prayer rooms, and workspaces at Huy and Lantin), aging (Hasselt, Huy, and Turnhout), and damp (workshops and sports halls in Lantin, Saint-Hubert, and Tournai).5

  1. 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 2 to 9 November 2021”, 29 November 2022, p. 15 (in French). ↩

  2. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 42. ↩

  3. Dorien Brosens, Flore Croux, Bart Claes, Stijn Vandevelde, Liesbeth De Donder, “Foreign National Prisoners in Flanders (Belgium): Motivations and Barriers to Participation in Prison Programmes, In: European Journal on Criminal Policy and Research”, 22 February 2019, p. 181. ↩

  4. Ibid., p. 181. ↩

  5. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 29 (in French). ↩

  • The CCSP noted that new activities have been introduced at Saint-Hubert prison since 2022, for example supervised mountain bike rides. Ping-pong tables and a home cinema screen have been installed within the prison compound. The goal is to organise post-screening discussions.

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

There are designated places for physical activities and sports

yes

The rooms must have flooring and walls with windows appropriate for sport and cultural activities. They must be equipped with a call system that is accessible at all times. (Royal Decree 3 February 2019, Chapter 2, Articles 3 and 4).
Prisoners take part in physical and sport activities for at least two hours a week. (Loi de principe, Article 79).
Several Monitoring Commissions reported that some prisons have unusable sports rooms.1 The equipment is in poor shape, and the rooms are rundown. In 2019, the ceiling of a room collapsed at Merkplas prison. A space was set up in the yard to replace its loss the following year.2

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 29 (in French). ↩

  2. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 42 (in French). ↩

  • In 2022, the CCSP noted that at Nivelles prison, certain sports activities (including “body”) had been nearly constantly suspended between June and September. The fitness centre has been closed for two years. A trainer is available, but can only come in on Sundays, which the officers oppose.

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

There are designated places for cultural activities

in some facilities

i
Royal Decree of 3 February 2019, chapiter 2, Articles 3 and 4 (in French).

The cultural programme includes different activities, such as singing, music therapy, and photography, which may vary from one establishment to another and is limited to the number of places available. They are sometimes put on hold if there are not enough participants.1

  1. Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 29 (in French). ↩

Number and percentage of prisoners who participate in socio-cultural activities

Data not disclosed

Number and percentage of prisoners who participate in sport activities

Data not disclosed

The choice of activities offered is not generally discussed between the management and the prisoners.

Prison facilities have a library

yes

Prisoners must be able to access all the library resources and choose the reading material from the available selection (Loi de principe, Article 77).
In Forest (closed since November 2022), the Monitoring Commission noted that personnel and prisoners lacked information about the presence of a library and its hours.1 Prisoners may also receive newspapers and periodicals at their own expense. Officials may prohibit access to certain literature in exceptional circumstances for reasons of security and order.2

The CCSP reports that the book selection varies from one establishment to another. Some prisoners say they are happy with the resources available in their facility; others deplore the poor choices and old worn-out books. There is less choice for those who speak neither French nor Dutch. The Saint-Gilles commission supplied the solitary confinement cells with a few books to compensate for the often limited or even non-existent selection.3

  1. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 43 (in French). ↩

  2. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 14 (in French). ↩

  3. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 43 (in French). ↩

Work

Work is compulsory

no

According to the Centre d’action laïque, prisoners can have access to work, but they need to apply for them themselves and specify the type of work they want. In practice, there are not enough jobs available.1

  1. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 7 (in French). ↩

Number and percentage of prisoners who work

40 %

i
2019
/ Brussels Times

The number and percentage of prisoners who work vary from one establishment to another. The CPT notes that the employment rate remains low. In 2021, around 13.5% of the population had a job in Antwerp prison, 18.2% in Lantin prison, 12.2% in Saint-Gilles prison, and about 30.7% in Ypres prison.1

  1. 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 2 to 9 November 2021”, 29 November 2022, p. 14 (in French). ↩

  • As of 19 September 2022, almost all the prisoners at Marneffe prison were employed or completing vocational training. The employment rate at Leuven central prison is around 30%. Prisoners report long waiting times: a year and a half, on average. Management offers part-time work opportunities to enable as many prisoners as possible to work.

    i
    2023
    / Conseil central de surveillance pénitentiaire (CCSP)

All prisoners are allowed to work

yes

Work can be suspended in the event of a disciplinary sanction or solitary confinement.

i
Loi de principes, Article 81 (in French).

Labour as a punitive measure is prohibited

yes

Work may not infringe on a prisoner’s dignity and may not be used as a punitive measure (Loi de principes, Article 84).

Prisoners must let the administration know that they are seeking work.1 There are three types of work:

  • Régie workshops: operated by the Régie du travail pénitentiaire (Cellmade) on its own behalf (manufacturing prison equipment, etc.)
  • Contractor workshops: operated by the Régie du travail pénitentiaire but on behalf of external private contractors
  • in-house work: services required for the daily upkeep of the facility (cooking, facility maintenance, laundry, food service).2
    Most prisoners with a job work for the prison administration. They can work in the kitchen, in facility maintenance, in the foundries making railings, in carpentry work building beds, and in sewing to fabricate prison garments.

There are more than 30 Contractor workshops within the prison facilities. The work assignments include: packaging, assembly, cutting, adhesives, folding, data encoding, scanning of documents, book binding and printing, building furniture, farm work.
According to some organisations, it is often unskilled assembly work that does not support the development of new skills nor improve their employability upon release from prison.3

  1. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 7 (in French). ↩

  2. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 7 (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. 26 (in French). ↩

The prison administration is in charge of job distribution.
Prisoners should be able to choose the type of jobs they want, but, in practice, this is not always the case1. There is not enough work for everyone 2 since the number of jobseekers far exceeds the work offers3.

With the authorisation of the prison administration, prisoners may carry out work assignments other than in-house work (Loi de principes, Article 85). Selection is based on a waiting list. In principle, those on top of the list are the ones given priority for work.4

In practice, the job placement process is not straightforward. Waiting lists are long: between three and eight months. Transfers to another facility mean losing a job and being placed on a waiting list again. The order of placement on this list is not always clear. Some prisoners may have their name moved further down the list without any explanation or recourse to an appeal.1 The CSSP also reported complaints about job placements (Bruges, Forest, Berkendael, Louvain Secondaire, Gand, Ittre, Nivelles, among others), noting that overcrowding exacerbates the problem of insufficient job availability.5

  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. 26 (in French). ↩ ↩

  2. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 7 (in French). ↩

  3. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 40 (in French). ↩

  4. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 7 (in French). ↩

  5. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 40 (in French). ↩

Prison labour is not covered by an employment contract (Loi de principes, Article 84). Thus, working prisoners are not considered salaried workers in the legal sense. According to Genepi Belgique, it is possible to lose one’s job at any time without cause or explanation.

Maximum daily/weekly working hours are set, including at least one day of rest

yes

The working day cannot exceed eight hours. There must be a break of 30 minutes for those working more than six hours and two days off per week.

Prisoners are paid for their work

yes

The income for work performed in prison is set by a Royal Decree. Prisoners receive an allowance while they undertake vocational training, continuing education courses, retraining, or other study or training activities. Prisoners who suffer a work accident while in prison are entitled to compensation (Loi de principes, Article 86).
There is no compensation for other types of work absences.1

  1. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, pp. 37 and 41 (in French). ↩

Salaries are

significantly below the national minimum wage

Wages vary depending on the type of work performed, the qualifications of the worker, the number of hours worked, and the type of facility.
The groupe de Concertation des associations actives en prison (CAAP) noted that wages vary from €0.62 and €3.6 per hour.1
The CCSP stated there is some uncertainty concerning the wages, and that pay slips do not contain detailed information to explain how they are calculated. It also pointed out that because canteen prices are higher in prison than on the outside, allowances are not always enough to buy necessities.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. 26 (in French). ↩

  2. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, pp. 37 and 41 (in French). ↩

Prisoners are paid on a piecework basis

yes

The law allows for piecework remuneration, as long as the pay is not more than the average of €4 per hour (Royal Decree 26 June 2019, Article 2).

Their income is subject to social contributions

no

Organisations working in prisons stated that:
“Prisoners do not have any social security rights, do not benefit from occupational safety and health, and cannot form and join trade unions. Prison jobs do not contribute to unemployment, retirement or sickness benefits, and working prisoners are not affiliated with a social protection system to which contributions were previously made (CPAS, RIS, unemployment…).”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. 26 (in French). ↩

Health and safety standards applicable outside are respected in prison

no

The Loi de principes states that prison labour standards must be as close as possible to those for the same activities on the outside (Loi de principes, Article 83).
In practice, this principle is not always respected. The Belgian League for Human Rights pointed out several shortcomings: unsanitary conditions, improper footwear, lack of hearing protection, use of chemical products without air purification, poor ventilation, inappropriate masks, and insufficient training.1

  1. Belgian League for Human Rights, “Prison : Le travail à la peine”, 17 novembre 2016, p. 29 (in French). ↩

Prisoners have the right to join trade unions

no
i
La Brèche, Genepi Belgique

When prisoners’ footwear and personal clothing do not meet the set standards, they may be forced to wear the assigned clothing and footwear suitable for a certain activity (Loi de principes, Article 43).

Education and vocational training

Authority(ies) in charge of education and vocational training

the communities

Prisoners enrolled in educational training

Data not disclosed

Education and training, as well as the organisation of cultural activities, are entrusted to the linguistic communities. Training (vocational and others) is provided by outside organisations.

Education is provided

in some facilities

Prisons offer the opportunity to take qualifying or non-qualifying training courses (kitchen work, horticulture, masonry) and refresher courses (mathematics, French).1 It is also possible to pursue university courses.

Not every prison offers a complete range of general courses (literacy, mathematics, French, computer science, and languages). The education programme is more limited in smaller facilities, which have more difficulties setting up homogeneous learning groups and lack the space needed. The education provided to untried prisoners is scantier due to the frequent renewal of the population.2 Ypres prison offers a wider range of courses, thanks to a collaboration with the “Flemish Employment and Vocational Training Service” (Vlaamse Dienst voor Arbeidsbemiddeling en Beroepsopleiding, VDAB).3

  1. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 42 (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, pp. 23-24 (in French). ↩

  3. CCSP, “Rapport annuel 2020”, 2021, p. 42 (in French). ↩

Education is available for all prisoners

no

Prisoners have the right to complete unfinished training in accordance with the terms of the sentence that apply to them (Loi de principes, Article 78).

Training activity schedules may overlap with other activities (outdoor exercise, showers, visits), and prison work reduces the time available.
Prisoners in Wallonia engaged in educational programmes are entitled to a grant from the Public Service for Employment and Vocational Training in Wallonia (Forem) or the administration. Prison transfers affect the continuity of training courses.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, pp. 23-24 (in French). ↩

The prison service implements measures to fight illiteracy

yes

The prison administration must provide literacy courses (Loi de principes, Article 76).

  • The prisoner assistance service (SAD) at the Marneffe prison offers literacy training.

    i
    16/03/2023
    / Conseil central de surveillance pénitentiaire (CCSP), p. 65

Prisoners are allowed to pass diplomas and entry examinations

yes

Procedures to get a degree or entry examinations are complicated, and the cases are rare.

Number and percentage of prisoners enrolled in vocational training

4 %

i
2017
/ 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. 23 (in French).

Vocational training is provided

yes

  • As most of the vocational training courses at the Leuven central prison take place during the day, prisoners who work usually cannot participate.

    Most of the vocational training courses at the Marneffe prison qualify participants for a study allowance of €0.70/hour, and €0.86/hour if the prisoner is registered with the public employment and vocational training service.

    i
    16/03/2023
    / Conseil central de surveillance pénitentiaire (CCSP), p. 65

Vocational training is available for all prisoners

no

Prisoners have the right to apply for vocational training or continued education following the terms of the sentence that apply to them (Loi de principes, article 78).
Not all prisons offer vocational courses, and courses for women are limited.1
Jobs and training time can overlap. Thus, prisoners prefer to work than engage in educational programmes, which are less remunerative. Prison transfers can interrupt training courses.

  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. 23 (in French). 1: Ibid. ↩ ↩

Distance courses are available

yes

Distance education (cell-learning) is now possible in a few establishments.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. 24 (in French). ↩

Prisoners have access to computers

in some facilities

Access to information

Prisoners are allowed to keep themselves informed regularly on public affairs

yes

i
Loi de principes, Article 77 (in English).

Prisoners have access to a television

yes, by rental

Prisoners have the right to watch television programmes, but the administration reserves the right to prohibit such access. (Loi de principes, Article 77).
The prisoners have to purchase the devices and pay for the subscription. The rental cost varies by prison, and can be as much as € 20 per month.

Prisoners have access to a radio

yes

Prisoners are entitled to a radio, but the administration reserves the right to prohibit this right (Loi de principes, Article 77).

Prisoners have access to the press

yes

Prisoners are allowed newspapers, periodicals, and other publications, at their own expense. The administration reserves the right to ban access to certain publications for reasons of security and order (Loi de principes, Article 77).

The prison service allows access to Internet

in some facilities

Cells in three prisons (Beveren, Leuze and Marche-en-Famenne) have a system called the Prison Cloud which allows access to an internal network. Any prisoner with a connection, can request access to specific sites to take online courses, for example. It is expected that all establishments will eventually have an internal connection.1

  1. Centre d’action laïque, “Guide de la personne détenue”, novembre 2019, p. 15 (in French). ↩

Prison administrations may censor certain information for reasons of security and order (Loi de principes, Article 77) (in French).

Religion

The most prevalent religions are Catholic, Protestant and Muslim.

Prisoners are free to practice their religion and follow their beliefs

yes

Prisoners have the right to live and practice their religion or individual beliefs while respecting the law (Loi de principes, Article 71).
They have the right to practice the rites and communal activities associated with them, as well as partake in assemblies and activities organised by spiritual leaders, who are responsible for spiritual guidance (Loi de principes, Article 74).
Prisoners do not have to declare their religion and may take part in any religious service.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. 22 (in French). ↩

Dedicated places of worship are available

yes

Each prison facility must provide an adequate accommodation to allow prisoners to practice their religion and individual beliefs (Loi de principes, Article 74). This accommodation must permit chaplains to meet with prisoners in total privacy (Article 73).
Areas available for worship may vary between facilities. Some prisons have areas designated solely for religious activities, while others use multipurpose rooms.

There are chaplains in the prisons

depending on religions

Prisoners have the right to see a religious, spiritual or moral advisor of their religion or philosophy. Communication between prisoners and advisors is confidential and protected by professional secrecy. Prisoners undergoing solitary confinement also have this right (Loi de principes, Articles 71-73). Spiritual advisors, including chaplains, depend on the Foundation for Moral Assistance to Prisoners (Fondation pour l’assistance morale aux détenus, FAMD). They work within the boundaries of the law and the internal house rules but are not connected to the prison hierarchy.1 Requests to see a chaplain are done in writing and placed in a letter box specially for this purpose.

The number of chaplains is insufficient.
The CCSP reported that Ypres and Namur prisons do not have representatives of all religions, in particular Muslim chaplains.2
Access to spiritual assistance is not always available. The presence of counsellors from the FAMD varies widely among facilities due to geographic and organisational factors.3

  1. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 5 (in French). ↩

  2. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 44 (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. 22 (in French). ↩

The prison service remunerates the chaplains

yes

Chaplains and spiritual advisers are compensated by the State.

External actors

Individuals or organisations from the outside are allowed to participate in prison activities

yes

Since 2009, Wallonia and Brussels have shown the desire to optimise and coordinate the range of outside services offered to prisons. The CAAP (Concertation des Associations Actives en Prison) is designated as the official representative of the non-profit sector in prison, within the Wallonia-Brussels Federation. In June 2022, the CAAP had 50 member associations.
To date, the CAAP has no equivalent in Flanders. The “Rode Antraciet” oversees sports and socio-cultural activities in this region and in the Dutch-speaking part of Brussels.

Authorisations for external actors to take part in prison activities are provided by

the prison director

Non-profit organisations (NPO) provide training programmes, education, psychosocial aid, culture, sports, prevention, health-related activities, and activities related to reintegration into the community. Their activities are routinely cancelled due to lack of prison staff.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. 6 (in French). ↩

Financial resources

Prisoners are allowed to make use of financial resources

yes

Prisoners are not allowed to carry money on them but may have a personal bank account (Loi de principes, Article 46). Each prisoner has a personal account to keep any money earned by working, cash sent by relatives, or any other funds coming from the outside. Prisoners can only have access to half of their money. When prisoners are responsible for damaging prison property, money can be deducted from their employment income for repairs.

Financial resources are accessible

through a personal account

The account is made up of three components:

  • “available funds” “: cash for canteen purchases
  • “release funds”: amount deducted from salaries of employed prisoners which is set aside until their release. A savings account is opened when the amount exceeds €229.
  • “civil party amount”: money deducted from part of the sums collected to compensate civil parties.1

Prison administration and those responsible for managing these personal accounts are bound to treat the information confidentially (Loi de principes, Article 46).
The CCSP reported that prisoners complain about how their personal accounts are managed, about errors made, the lack of transparency, and delays in depositing their wages.2

  1. Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, “Belgium: in prison abroad”, 3 September 2020, p. 8. ↩

  2. Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 37 (in French). ↩

  • 57,000 euros was misappropriated from the assistance fund of the Saint-Hubert facility in 2019. A reimbursement is not forthcoming. Prison management requested this reimbursement from the central authority.

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

Destitute prisoners receive financial or in-kind support

yes

In principle, destitute prisoners receive a minimal aid in the form of telephone credit, tobacco and hygiene products (razors, soap, toilet paper, etc.).

They can appeal to the “social canteen” (cantine sociale) for assistance that varies from €15 to €50 (or from €5 to €10 in Brussels prisons). This aid is a loan. When there is more than 100€ in a personal account, the amount that was loaned is automatically withdrawn and the social assistance is ended.1 Tobacco is no longer included in this aid as of 2020.

Canteen prices include a 10% increase that funds the social canteen (a mutual aid fund). Money from the rental of refrigerators, televisions, and radios, as well as from vending machines in the visiting rooms, contribute to this fund.

Some Monitoring Commissions criticise the fact that prisoners must reimburse the lent sums as soon as they receive money into their account. The Forest-Berkendael Commission said that the mutual aid fund was being used for lending purposes and not for financial support. Several commissions reported a lack of transparency in revenues and expenditures reported by the funds.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. 19 (in French). ↩

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

  • The CCSP research report revealed that in 2022, practices relating to the management of the assistance fund and its revenue and expenses were not standardised across prison facilities and lacked transparency. The writers of the report emphasised that the purpose of this fund is to support destitute prisoners.

    i
    25/05/2023
    / Conseil central de surveillance pénitentiaire (CCSP)

Expression of prisoners

Prisoners are allowed to discuss matters relating to their conditions of imprisonment

yes

Every prison must have a consultative body that allows prisoners to speak freely about issues of common concern (Loi de principes, Article 7).
The prison director (who sits as president), a staff member assigned by the prison director, a secretary, and prisoner representatives elected by their fellow prisoners compose the consultative body. There must be a minimum of four prisoner representatives.

Some prisoners sit on the board of consultative bodies in certain facilities (Andenne, Ittre, Jamioulx). They file complaints and requests from their fellow prisoners, act as mediators and participate in the organisation of the prison: sports and cultural activities programmes, visit arrangements, and selection of items sold at the canteen, among others. Their mediator role must only concern requests that affect them as a community and not as individuals.1

  1. Centre d’action laïque, “Guide de la personne détenue”, November 2019, pp. 16-17 (in French). ↩

Prisoners have the right of association

yes

All prisoners have the right to belong to an association or to join one while in prison. The exercise of the freedom of association must be peaceful. It may be limited by the availability of space and by scheduling.1

  1. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 16 (in French). ↩

Prisoners have the right to vote

yes

Incarceration does not entail a systematic limitation of the political rights of individuals (Loi de principes, Article 6).

Prisoners can vote by proxy (by completing the ACE/12 form), mail, or in the facility (a ballot box can be provided). Voting secrecy is guaranteed.1

In reality, administration does not always guarantee voting procedures in place. Genepi Belgique points out that there are no ballot boxes or voting booths available in any of the establishments. The only thing possible for prisoners is to vote by proxy.

According to Genepi Belgique: “[…] the prisoners who are legally required to vote are, in effect, materially prevented from doing so. And this, is so notorious that the Ministry of the Interior, which is responsible for elections, automatically exempts anyone in prison.“

  1. Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 17 (in French). ↩

Prisoners run broadcast stations in a few prisons. For example, in Louvain Central, television is broadcasted internally and is organised by prisoners with the help of outside volunteers and intervenors.

Prisoners can correspond with the media by mail, subject to correspondence rules. Prisons can permit prisoners to meet with media, if it is “consistent with good order, security, ethics, protection of the rights and freedoms of third parties, and with respect for the victims of the offences” Loi de principes, Article 70).