Belgium
Capital city — Brussels
Latest updates
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
Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 24 and 27 (in French). ↩
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). ↩
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In its annual report for 2023, Amnesty International states that access to sanitary facilities in prison is insufficient.
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All of the cells at the renovated prison in Ypres are now equipped with a separate sanitary area that includes a toilet and a sink.
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Each cell at Tongeren has a toilet and a sink. The toilets are separated from the rest of the cell by a wooden panel serving as a half wall, even in cells that hold two prisoners. Many people use a sheet to better separate the toilets from the cell and ensure privacy. The distance from the bed(s) is slight, resulting in unpleasant odours.
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
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). ↩
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, pp. 37 and 41 (in French). ↩
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Prison work is compensated at 0.75 to 4 euros per hour. The minimum thresholds for these wages have not increased since 2019 and are not subject to indexation. The CCSP points out that, in contrast, the cost of living has continued to rise, even in prison commissaries.
Number and percentage of prisoners who work
40 %
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
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.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 2 to 9 November 2021”, 29 November 2022, p. 14 (in French). ↩
Central Prison Monitoring Council, “Visite des établissements pénitentiaires de Louvain central et de Marneffe“, 2023, p. 49 (in French). ↩
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In 2022, under 40% of incarcerated persons had jobs in prison.
The CCSP is concerned that the growing prison population will lead to a significant drop in the proportion of incarcerated persons able to pursue employment.
Number and percentage of prisoners enrolled in vocational training
4 %
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6% of incarcerated persons were doing a training course in 2022.
The CCSP is concerned that the growing prison population will lead to a significant drop in the proportion of incarcerated persons with access to training.
Ministry in charge
Federal Public Service of Justice (FPS)
During its 2021 visit, the European Committee for the Prevention of Torture (CPT) was informed about an action plan being developed to transfer the responsibility of health care from prisons to the Federal Public Service of Health (SPF Santé). The CPT noted that this project was being discussed during its 2017 visit. Health care is still the responsibility of FPS Justice.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. 24 (in French). ↩
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The first projects for the reform of medical care in prison were implemented in 2023. However, the CCSP judges that the target of a true transfer of responsibilities from the Ministry of Justice to the Ministry of Public Health, as recommended by the Health Care Knowledge Centre, is still a long way off.
An NPM has been established
no
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Yes, in 2024.
On 4 April 2024, the Federal Parliament passed a law creating a preventive mechanism to oversee the treatment of people deprived of liberty. The mechanism reports to the Federal Institute for the Protection and Promotion of Human Rights (IFDH), in collaboration with the Central Prison Monitoring Council (CCSP), the Federal Migration Centre Myria and Committee P. These organisations will make regular visits, as a precautionary measure, to the places of deprivation of liberty within their remit.
The prison service outsources the management of the facilities to private companies, either partially or fully
yes
New prisons are constructed through public-private partnerships, such as DBFM (Design - Build - Finance - Maintain) contracts. This means that the designing, construction, financing, and facility maintenance are managed by a private partner. The federal government handles the building itself and owns the infrastructure. The private partner maintains the building for a set period and receives payments throughout. This involves these future facilities: the new Antwerp jail, Bourg-Léopold “des quatre bornes” prison, Vresse-sur Semois prison and Vervier prison.
In June 2023, the Court of Audit published a report on the public-private partnerships (PPP) entered into for prison management. The Court judged that the human resources allocated were insufficient. It pointed out that these partnerships continue to be used despite the absence of significant cost-benefit analysis to justify their use.
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Following visits to the country’s first two halfway houses, the prison service and the Minister of Justice have decided that the CCSP should not continue its work in these facilities. This decision means that the halfway houses would no longer be subject to monitoring and surveillance by the CCSP.
The CCSP says the use of private service providers makes the government dependent on these operators to fulfil the objectives of its prison policies. In this situation, the government is subject to market approaches that dictate the care conditions for sentenced individuals.
The CCSP warns of the risks surrounding the privatisation of detention and criticises the absence of discussion in Parliament on this topic.
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The authorities reported that, as of 31 January 2023, 1,247 people were imprisoned in facilities run by a public-private partnership.
Prisoners sleep on
- a bed
- bunk beds
- a mattress
Prisoners frequently sleep on a mattress on the floor. The CCSP reports that, as of 1 March 2023, this was the case for 250 prisoners.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).
Central Prison Monitoring Council, “Rapport annuel 2022“, 2023, p. 16 (in French). ↩
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). ↩
Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 24 and 34 (in French). ↩
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In April, 281 people slept on temporary beds added to cells, and 250 were only provided a mattress on the floor.
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In March 2024, 250 prisoners in Flanders were sleeping on mattresses on the floor due to overcrowding.
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As of 31 January 2024, 70 prisoners in Antwerp were sleeping on the floor due to overcrowding.
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In early March 2024, 268 incarcerated people were sleeping on the floor in eight of Belgium’s correctional facilities. This was still true for 60 people on 23 May 2024.
All prisoners are entitled to spend at least one hour a day in the open air
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.
Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 31 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 42 (in French). ↩
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Outdoor exercise was suspended in most prisons affected by the personnel strikes in spring 2024.
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Prisoners at Tongeren Prison are allowed two recreational walks for one hour per day. In the summer, they are allowed a third walk, one by one, between the first and second section of the facility.
All prisoners have the right to receive visits
Untried prisoners have the right to receive daily visits of at least one hour (tableside visit). Convicted prisoners have the right to receive a visit three times a week for at least one hour (Loi de principes, Article 58). All prisoners also have the right to unsupervised visits for two hours per month.
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Visits were suspended in most prisons affected by the personnel strikes in spring 2024.
Variation in the prison density
no significant variation
The occupancy rate was 115.3 in January 2023.1
Council of Europe, SPACE I Report 2023, table 16. ↩
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Statistics from SPF Justice show a decrease in prison overcrowding from 15.8% in early March 2024 to 11.5% at the end of May, as a result of several measures, including the granting of penitentiary leave.
The prison staff is represented by (a) union(s)
In Brussels and Wallonia, staff are represented by the CSC Services Publics – Prisons.
Strikes occur frequently. Notice of strike action must be submitted at least ten days in advance, and there must be a guarantee that a minimum service of at least 70% of staff will be provided. Any staff member who plans to strike must submit a 72 hour notice. If the strike lasts longer than 48 hours and the prison does not have enough staff, they can be recalled. Unions see this as an infringement of their right to strike, which has led to further strikes. The CCSP points out that it is now common to hold several 48 hour strikes in succession to get around the minimum service rules. Reduced staff numbers during strikes affect prison activity, and facilities are virtually brought to a standstill.1 During the strikes, a night-time regime is generally applied. The prison authorities ensure the distribution of the meals but cancel all activities. In some facilities, police reinforcements are brought in to make up for staff shortages.
The CCSP’s annual report disclosed that in 2022, there were 32 strike days organised by unions and staff dissatisfied with their working conditions.2
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 54 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2022“, 2023, p. 30 (in French). ↩
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Eighteen days of prison staff strikes were recorded in 2023. The visits commissioned by the CCSP in the correctional facilities of Merksplas, Saint-Gilles and Nivelles led to the observations that essential services were not ensured and the minimum threshold of post occupancy was not respected. These observations corroborate the conclusions of the evaluations produced by the prison service for 2020 and 2021.
The CCSP observes that “emotional strikes”, which break out spontaneously, without prior consultation or notice following an incident, do not enter into the scope of the law and leave incarcerated people without protection.
The CCSP also highlights a particularly significant staff shortage in Brussels and in the north of the country as well as absenteeism problems in some facilities that make employee model plans impossible to follow during strikes. The CCSP states that the current system of minimum service is unsatisfactory and compromises the health of incarcerated people as well as their safety and the safety of prison staff. The evaluations carried out by the prison service for 2020 and 2021 note that during strikes lasting under 48 hours, essential services were not ensured in full.
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Staff at Marche Prison began a strike on 8 May 2024.
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The staff at the prisons of Saint-Gilles and Haren and at the Forest detention house began a 48-hour strike on 21 May 2024. The officers at the prisons of Mechelen, Turnhout, Merksplas, Antwerp, Wortel and Hoogstraten began a 48-hour strike on 22 May 2024. The union’s demands relate primarily to the problems of overpopulation and staff shortages. According to the representative of the CSC union for prisons in Brussels, this strike is also due to the uncertainty around the closure of Saint-Gilles Prison, scheduled for December 2024. He says that if the prison closes, 500 incarcerated people will need to be reassigned to other facilities.
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Staff members at the prisons of Mons, Ghent, Oudenaarde, Merksplas, Turnhout, Antwerp, Bruges and Hasselt held 24-hour strikes between 5 and 9 February.
Another 24-hour strike began on 14 March in all of the prisons across the country. Eighty percent of staff were counted as strikers.
The unions protested assaults of guards, understaffing and overpopulation. They called for better cells to be built and for the sanction policy to be improved. The unions called on the Directorate General for Custodial Settings (DGEPI) to respond.
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Prison staff went on a 24-hour strike on 11 and 12 January at the request of several unions (CSC, FGTB, SFLP) to protest prison overcrowding and rising numbers of assaults. The only services not interrupted by the strike were meal distribution and medical care. Police officers were deployed to most facilities to compensate for the missing personnel. The prison directors presented three measures to the Minister of Justice. They requested the creation of a cap to the duration of preventive detention for less serious offences, that internees no longer be held in prisons, and for sentences of under three years to be served exclusively in remand prisons and halfway houses.
Number of violent acts against prison staff
Data not disclosed
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On 14 May 2024, the prison officers at Marche Prison went on strike following the assault of three officers by an incarcerated person. The unions believe overcrowding is leading to violent behaviour.
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.“
Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 17 (in French). ↩
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Incarcerated voters who would like to cast their ballots are faced with administrative and social challenges as well as obstacles related to the procedure. Election notifications for voters in prison are sent to their home address, as recorded in the population register. An incarcerated person’s private residence or family home is considered their place of residence. Alternatively, the person may be registered at the reference address of a public welfare centre. Election notifications must be forwarded by the family or the public welfare centre by mail to the prison, which must then deliver them to the relevant parties. This process generates lost time and the possibility of lost documents and makes incarcerated people dependent on a third party.
An incarcerated person can vote either during a day release or penitentiary leave, or by proxy. Several legal and social conditions must be fulfilled in order to vote by proxy. The incarcerated person must be able to grant the proxy, which must be completed in part by facility management, to their designee in a timely manner. The designee must be a registered voter who votes in the same constituency as the mandator. This process is only possible if the incarcerated person receives their notification, has sufficient knowledge of the steps to be taken and requests a proxy from management. It also means that the incarcerated person has connections to someone they trust who votes in the same constituency as they do.
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In practice, incarcerated persons do not often exercise their right to vote. The CCSP observes that few measures are in place to encourage the informed exercise of voting rights. The prison service considers it the responsibility of incarcerated people to inform themselves about elections and voting procedures and to take the necessary steps to exercise their right to vote. The electoral code acknowledges the unique situation of people in prison by overestimating their inability to participate in elections. It is true that people in prison do not have the same access to information as people in free society. They do not have access to the Internet. They are unable to participate in debates and discussions about elections. They cannot communicate with a candidate or a party. In order to remain informed via radio or television, the person must have access to a television and be able to watch the related programmes, which is not always possible.
Prison density
114.6 %
The Belgium prison system is among the most overcrowded in Europe.
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Belgium ranks #4 in European countries with the worst prison overcrowding.
Suicide rate in custody (per 10,000 prisoners)
14.3
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The suicide rate per 10,000 incarcerated persons is considered very high by the Council of Europe. It is at least 25% higher than the European median value.
Number of recorded violent acts between prisoners
Data not disclosed
Violent incidents among prisoners are frequent and recorded in all facilities. Nevertheless, they are difficult to quantify because victims rarely report assaults for fear of reprisals.1
During its visit in 2021, the CPT delegation was informed of the murder of a man by his fellow prisoner in the psychiatric annex of Saint-Gilles prison. This incident occurred on 30 March 2020 and is currently under investigation. The prison director and other staff members were charged with negligence.2
For more information, see the 2016 report of the International Prison Observatory – Belgian section, pages 147-150 (in French). ↩
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. 12-13 (in French). ↩
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A guard at Saint-Gilles Prison was dismissed for failing to take action when one prisoner was assaulted by other prisoners. The victim was seriously injured. The police are conducting an investigation.
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A 41-year-old remand prisoner at Antwerp Prison was tortured, mistreated and sexually assaulted by five other prisoners over at least three days without any staff members noticing. The victim was hospitalised on 12 March 2024 in critical condition and presented with serious burns. Antwerp’s public prosecutor launched an investigation on 13 March for attempted murder, rape and torture. The prison service also initiated an internal inquiry.
The unions blamed overpopulation and staff shortages, which together prevented guards from noticing the situation sooner. The Minister of Justice stated that the staff were too shorthanded to maintain safety due to a staff strike when the events occurred.
The prohibition of torture is enshrined in the Constitution and the legislation
only in the Criminal Code
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The Chamber of Representatives adopted the new Penal Code on 22 February 2024. The former code dated back to 1867. The new code introduces eight sentencing levels, ranging from sentences other than imprisonment (level 1) to sentences of life imprisonment (level 8). Other changes have been made alongside the changes to the code, including improved care for convicted persons with psychiatric illnesses, more options for imposing custom sentences, reinforced sentencing for sexual violence, domestic violence and terrorism, and the elimination of certain offences.
The Penal Code will enter into force two years after its publication in Belgium’s official journal.
Number of prison guards (FTE)
6,495
In 2022, the CCSP noted high absence rates among prison staff in Namur, Central Leuven, Marneffe and Nivelles prisons. This rate reached 70% in Namur. These absences have consequences on the conditions and fundamental rights of prisoners, such as restricted access to the exercise yard and activities. Prisoners have lodged several complaints.123
Central Prison Monitoring Council, “Rapport annuel 2022“, 2023, p. 13 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2022 de la Commission de Surveillance de Nivelles“ (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2022 de la Commission de Surveillance de Tournai“ (in French). ↩
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In the new prisons in Ypres, Haren and Dendermonde, there are no longer prison surveillance assistants. They have been replaced by “detention assistants” in charge of monitoring, accompanying and supporting prisoners as they prepare for reintegration, and “security assistants”, who handle caretaking and security.
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The team of guards at Mons Prison is shorthanded. Eleven guards would need to be added to achieve a normal surveillance environment.
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As of 31 August 2023, Tongeren Prison was not fully staffed (40 FTE). Understaffing, absences and time off prevent tasks from being completed successfully.
The requirement for staff members to wear identification badges is not enforced in this prison.
Prison facilities are adapted to the needs of prisoners with disabilities
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Six cells at the renovated prison in Ypres are now equipped for disabled people.
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
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). ↩
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Most of the cells at the renovated prison in Ypres are now equipped with showers.
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The showers at Tongeren are communal. The CCSP considered them clean and in fair condition.
Total official capacity of the prison facilities
10,743
This number does not reflect the growing capacity of admissions following the opening of Haren prison and the closure of Forest-Berkendael prison.
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Ypres Prison reopened on 14 December 2023 ahead of a return to service scheduled for early 2024 following renovation work that began in April 2022. The dual goal of these renovations was to improve working conditions and detention conditions.
The facility’s capacity is now 169 spaces, 50 more than before the expansion.
Total number of prison facilities
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The first brick for the new prison in Antwerp was laid on 20 February 2024. It will replace the former remand prison on Begijnenstraat as part of the master plan for “detention and psychiatric internment in humane conditions”. It will include a unit for 330 men, a unit for 66 women, and a unit with a medical centre and care unit that can hold 44 people. Each unit will be made up of “living units” bringing together 22 people.
Construction is expected to end in 2026.
Foreign prisoners are allowed to remain in the country after having served their sentence
under certain circumstances
The Belgian authorities can revoke the residence permit of a foreigner serving a prison sentence in Belgium, and refuse them the right of stay (sometimes referred to as banishment or double sentence).
The Justice Minister may decide to transfer undocumented prisoners to an immigration detention centre (centre fermé) six months before the end of their sentence or before their parole date. They remain there until their deportation.1
The Wortel and Tongres Monitoring Commissions reported problems with the Immigration Department (Office des étrangers): delays with files (refusals of leave and holiday permits) and insufficient communication about their migrant status at the end of incarceration.2
Centre d’action laïque, “Guide de la personne détenue”, November 2019, pp. 22-23 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 57 (in French). ↩
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The medical team at Tongeren, where all prisoners are foreign nationals without residence permits, are responsible for issuing “fit to fly” certificates to prisoners who are healthy enough to be repatriated to their country of origin by plane. The relevant medical examination must be performed no more than 72 hours before departure. The CPT recommend that the certificate be completed by the doctor rather than the nurses. The Committee also recommend that a medical examination be performed after each unsuccessful expulsion attempt from the prison, in order to detect any signs of mistreatment.
Number of medical staff (FTE)
259
The number of health personnel decreased between 2017 and 2021. There were 207 general practice physicians, 40 psychiatrists, and 19 psychologists in 2017.1 The CPT reported a shortage of general practitioners in the prisons visited.2 Most of the doctors work part-time for the administration.
World Health Organization, Health in prisons: Fact sheets for 38 European Countries, 2019, p. 21. ↩
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. 37 (in French). ↩
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Tongeren Prison’s healthcare staff includes one doctor and two part-time nurses. The prison does not have a psychiatrist.
Foreign prisoners are entitled to legal aid
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Contact with solicitors is very limited for foreign prisoners held without residence permits at Tongeren Prison. In 2023, 13 visits with solicitors were logged. This is due to Tongeren’s distance from the prisons in which the prisoners were held before, how difficult it is to contact solicitors specialising in immigration law, or the prisoners’ impression that they do not need a solicitor prior to their provisional release in preparation for their expulsion.
Prisoners can buy food products
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
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 38 (in French). ↩
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Prisoners at Tongeren Prison can buy additional items at the commissary.
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.
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Incarcerated persons at Tongeren Prison reheat their food in the microwaves in their cells and eat their meals there.
Foreign prisoners are allowed to work while incarcerated
In practice, there are not enough employment opportunities to meet demand. Some jobs require speaking the local language and are thus less accessible.
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Only ten prisoners at Tongeren Prison are able to work, which consists of “domestic” tasks. At this facility, all of the prisoners are foreign nationals without residence permits who have been sentenced to up to three years of imprisonment. There are no workshops in which prisoners could find employment.
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
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). ↩
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 42. ↩
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. ↩
Ibid., p. 181. ↩
Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 29 (in French). ↩
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Very few activities and training courses are offered at Tongeren Prison, where all of the prisoners are foreign nationals without residence permits who have been sentenced to up to three years of imprisonment. They spend almost all of their time in their cells.
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
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 43 (in French). ↩
Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 14 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 43 (in French). ↩
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Prisoners at Tongeren Prison can borrow books, DVDs and board games from the library. During the visit by the CCSP and the Federal Migration Centre (Myria) from 29 to 31 August 2023, not all of the prisoners were aware that the prison had a library.
There are designated places for physical activities and sports
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
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.3
Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 29 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 42 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2022 de la Commission de Surveillance de Nivelles“, p. 5 (in French). ↩
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Prisoners at Tongeren Prison can visit the fitness centre twice a week for one hour. A football match and a ping-pong tournament were organised in 2023.
Prisoners have access to video calls with external contacts
yes
Since the COVID-19 pandemic started in 2020, prisoners have been able to communicate with families once a week for 20 minutes through video calls; this option does not replace traditional phone calls. In 2022, the CCSP reported that few prisoners used this service. It was essentially used by those incarcerated far from their families. In 2022, the CCSP observed that at Saint-Hubert prison, visits via videoconference were complicated by insufficient resources and connection problems.1
Central Prison Monitoring Council, “Rapport annuel 2022“, 2023 (in French). ↩
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Video calls at Tongeren Prison are possible every day from 4:00 p.m. to 5:00 p.m. and from 6:00 p.m. to 7:00 p.m. The person making the call is alone in a room set aside for calls. This type of visit is especially important at Tongeren, where the prisoners are all foreign nationals.
Overcrowding is an issue for specific types of prison facilities
yes
The European Committee for the Prevention of Torture (CPT) noted in 2021 that overcrowding was the greatest in Flemish prisons, with an average occupation rate of 120%. This rate was 106% in Wallonia-Brussels.1
The Belgian section of the International Prison Observatory (OIP) noted that, in the Mons prison, overcrowding was such in 2021 that newly admitted prisoners were placed in disciplinary cells (also called punishment cell) for a few days while waiting for a regular cell to be freed up.
Overcrowding in most facilities has created a “domino effect”. Although the Leuven central prison and the Marneffe prison are facilities for convicted people serving long sentences, they now hold short-term prisoners. Individual cells hold two people. These short-term prisoners face challenges adapting to the prison regime and living alongside convicts serving long sentences. The number of escapes from Marneffe has risen sharply in recent months.
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. 10 (in French). ↩
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Tongeren Prison increased its operational capacity to around 50 or 55 spaces using temporary bunk beds. It is currently holding 45 prisoners. Its actual capacity, based on the rule of one prisoner per cell, is 33 spaces.
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The occupancy level of Lantin Prison is 130%. Individual cells measuring 9 m2 are currently holding two prisoners each and could soon hold three. The union CGSP reported that certain prisoners do not always have access to forks, cushions or a second blanket due to overpopulation.
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The prisons of Hasselt, Antwerp, Mechelen, Turnhout, Bruges, Oudenaarde, Ghent (Nieuwe Wandeling) and the Leuven auxiliary prison, all located in Flanders, are no longer accepting new prisoners due to overcrowding. This is also the case at Lantin Prison in Wallonia.
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The rate of overpopulation in the men’s unit at Mons is falling. Overpopulation currently stands at 10-15%.
The rate of overpopulation in the women’s unit at Mons is very high. Additional mattresses could soon be set up on the floor to make room for the rising number of female prisoners.
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. In its 2022 annual report, the CCSP reported 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.1
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.2
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.
Central Prison Monitoring Council, “Rapport annuel 2022“, 2023, p. 23 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 24 and 34 (in French). ↩
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The surface area of the cells at Tongeren is 7 m2, including the sink and toilets. Each cell holds one or two people. This is inadequate, whether for one person or two, in relation to the royal decree of 3 February 2019 and the recommendations of the CPT.
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.
Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 24 and 34 (in French). ↩
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Every cell at Tongeren Prison has a radiator.
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
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 36 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 28 and 29 (in French). ↩
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). ↩
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At Tongeren Prison, the food service is provided by an outside caterer who delivers the meals every two or three days.
Prisoners can have access to a refrigerator
in some facilities
Refrigerators are only available for prisoners in the newer facilities.
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Every cell at Tongeren Prison has a refrigerator.
Prisoners and visitors can meet without physical barriers
Prisoners and visitors can sit around a table in the visiting room. Visits with plexiglass separation barriers (behind the glass) may be imposed if there is a possibility of an incident during a visit, in cases of disciplinary punishment, if there is a lack of respect for visiting rules, during placement in a specific security regime, or following a request from a visitor or a prisoner (Loi de principes, Article 60).
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Prisoners and visitors can meet without any physical barriers at Tongeren Prison.
Prisoners have access to specific rooms for table visits, visits with children, video calls, family visits and unsupervised visits. The room for table visits has 12 tables. The space for unsupervised visits and family visits has armchairs, a coffee table and a bathroom.
The law provides for a temporary release system
The provisions are (Loi relative au statut juridique externe):
- day release (permissions de sortie, PS): this allows prisoners to leave a facility for up to 16 hours under certain conditions (Article 4) and may be occasional (at any time) or periodic (to prepare for release)
- temporary prison leave (congés pénitentiaires, CP): this allows prisoners to leave the prison for 36 hours once every three months under certain conditions (Article 6).
Requests for these two leave permissions are submitted to the prison director via the court registry. The prison director then sends it to the Direction Detention Management (DGD) with its own recommendation and an opinion from the Psychosocial Service (SPS). Requests may be turned down if, for example, there is a risk of evasion, of committing a serious offence, or of disturbing victims. If refused, prisoners may appeal to the (TAP) or to the interim proceedings judge (juge des référés) via their lawyer.1
Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 20 (in French). ↩
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An alternating sentence measure took effect on 7 March 2024 to combat overpopulation. People sentenced to 10 years or less of imprisonment, who have already successfully gone on leave, could stay in prison every other month. Some prisoners, such as those convicted for terrorism or sexual assault, are not eligible.
The Brussels Federation of Institutions for Prisoners and Former Prisoners (Fédération bruxelloise des Institutions pour Détenus et Ex-détenus, Fidex) and the League of Human Rights (Ligue des droits humains, LDH) criticised “the continued and totally ineffective expansion of the prison estate” and the “misleading” nature of extended penitentiary leave. They explain in particular that the people involved will end up serving longer sentences, as each leave interrupts the time served on the sentence. They also worry about the repercussions of these alternating leaves in terms of living accommodations, training and continuity of treatment.
Foreign prisoners can be assisted by an interpreter
in somes cases
Foreign prisoners have access to an interpreter for interactions with the police and judges, but rarely within the prison. Numerous shortcomings have been reported during meetings with the psychosocial service.
As a matter of principle, the authorities must be able to notify prisoners of the charges against them in a language they understand, if necessary with the aid of a third party (Loi de principes, Article 144). Prisoners must be able to get help in making a complaint and in any resulting follow-up (Article 150).
In practice, very few requests are made for interpreters or translators, and other prisoners are sometimes asked to help; this causes issues with confidentiality.1 Language barriers have been noted in several facilities (Bruges, Termonde, Dinant, Forest, Gand, Lantin), and they affect all aspects of prison life: medical results, therapy, instructions from staff, procedures, documents that require signature.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. 8 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 57 (in French). ↩
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Prisoners at Tongeren Prison have practically no access to interpretation services. Those who do not speak Dutch depend on the linguistic abilities of the staff or their fellow prisoners to translate exchanges with the guards, the prison registrar, psychological and social services, the medical service, management or the Immigration Office, as well as to help fill out the written forms required to access most prison services. This compromises the confidentiality of certain exchanges.
The Central Prison Monitoring Council (CCSP) and the Federal Migration Centre (Myria) report that there is a “substantial risk” that the prisoners at Tongeren do not receive all the information relating to various procedures or access to their rights in a language they can understand. Numerous people have not been informed of their right to request an oral or written translation of information relating to the removal order and potential recourse from the Immigration Office.
Number of escapes
8
Escape is not penalised, only the offences potentially committed during the event (threats, violence, destruction). Failure to return to the facility after leave is counted as an escape.
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An incarcerated person escaped on 23 January 2024 while being transferred from Arlon Prison to Lantin Prison, where he was scheduled to have a medical examination. He escaped through an open window of the transport vehicle. He was found seven days later in Liège.