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Belgium
Capital city — Brussels
Incarceration rate (per 100,000 inhabit…
i01/03/2024Country population
i01/01/2023/ Council of Europe, SPACE I Report 2023, table 3.Type of government
Human Development Index
0.937(13/190)
i2021/ UNDP, Human Development Report (01-01-2021)Homicide rate (per 100,000 inhabitants)
i2020/ Statista, Eurostat (01-01-2020)Name of authority in charge of the pris…
Total number of prisoners
i01/03/2024Average length of imprisonment (in mont…
i2022/ Council of Europe, SPACE I Report 2023, table 31.Prison density
114.6 %The Belgium priso…
i01/03/2024Total number of prison facilities
39including two det…
i11/2022An NPM has been established
Female prisoners
i31/01/2023/ Council of Europe, SPACE I Report 2023, table 7a.Incarcerated minors
i2021/ Council of Europe, SPACE I - 2021 Report, 19 avril 2022, p. 44, table 7.Percentage of untried prisoners
i31/01/2023/ Council of Europe, SPACE I Report 2023, table 8.Death penalty is abolished
yes, since 1996The death penalty…
Special populations
Women
Female prisoners
Variation in the number of female prisoners
no significant variation
The number of female prisoners was 494 in 2022.1
Council of Europe, SPACE I Report 2022, table 7. ↩
Percentage of untried female prisoners
Percentage of foreign female prisoners
There are separate sections for female prisoners in the following nine facilities: Antwerp, Bruges, Gand, Hasselt, Haren, Hoogstraten, Lantin, Marche-en-Famenne and Mons.
There is an effective separation between men and women
Some facilities, such as Marche-en-Famenne, have mixed activities (work, worship, training, group sports).1
I.Care, MursMurs, Architecture et Prison, 2022, p. 7 (in French). ↩
Untried female prisoners are separated from the convicted
The prison staff is
mostly female
Two officers carry out body searches on newly admitted prisoners and in the cell block. One of them is frequently of the opposite sex and waits in the hallway.1
The Loi de principes states that a search must be carried out in the presence of at least two guards of the same sex as the prisoner (Article 108).
The Federal Ombudsman, “Strip searches”, 2019, p.94 (in French). ↩
The lack of menstrual hygiene products is a problem in prisons. SPP social integration provides, on an ad hoc basis, sanitary products and tampons. No large-scale distribution is expected. The availability of menstrual products differs from one facility to another. In some facilities, prisoners are given a kit upon arrival and can buy products later at a canteen or obtain them from outside organisations (such as, I.Care, Red Cross). Some provide sanitary napkins at no charge, while tampons must be purchased at the canteen.1
I.Care reported that Berkendael (closed since November 2022) did not always provide menstruation kits upon arrival. Prisoners could obtain sanitary pads when requested, but not tampons or panty-liners. They cost between 6 and 60% more than on the outside. Sanitary napkins were not always individually wrapped and were handled by officers without prior disinfection. Prisoners said they were either “inadequate”, “too large”, or “chafing”. Prisoners had to wash their underwear by hand, but they did not have unrestricted access to hot water in their cells and had to ask the officers for assistance. In Mons, the pads were too small, and sometimes prisoners had to use two at a time.
Gynaecological follow-up and treatment for post-traumatic syndromes are neglected. Yet, the Centre d’action laïque reported an over-representation of women who are victims of domestic violence, sexual assault, or both, among female prisoners.
The CPT noted that at the two female units visited in 2021 (Antwerp and Lantin), prisoners were not screened upon arrival for domestic and sexual violence, the need for mental health care (including post-traumatic stress), for risks of suicide and self-harm, or reproductive health history.2
Federal Institute for the Protection and Promotion of Human Rights, Combat Poverty, Insecurity and Social Exclusion Service, “Parallel Report to the UN Committee on the Elimination of Discrimination against Women”, 8 September 2022, p. 11. ↩
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. 16. (in French) ↩
Women are sometimes “forgotten” by the prison system, often having less access to work, leisure, and other activities. They are also denied certain custody arrangements that are available to men, such as day parole (spending nights in prison and days on the outside).
In the Berkendael prison for women (closed since November 2022), work was limited to small manual jobs and housekeeping. Female prisoners living with their child faced job insecurity due to the lack of internal day-care or outside childcare facilities. Their community reintegration is based mainly on their role as a mother, to the detriment of vocational training.1 Mothers imprisoned at Bruges are not given appropriate activities.2
Centre d’action laïque, “Prisons : une invisibilisation genrée”, December 2020 (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 6 March to 6 April 2017”, 8 mars 2018, p. 36.“, 8 March 2018, p. 36 (in French). ↩
Conjugal visits are allowed for women
yes
Pregnant women are housed in specific units or cells
no
The pregnancy of a female prisoner is rarely taken into consideration. A pregnant woman may, for example, be placed in a cell with a smoker. Placement in isolation (disciplinary cell, also called punishment cell) is forbidden for pregnant women and for those with children living with them in prison. (Loi de principes, Article 134).
The legislation provides for a sentence adjustment for pregnant women or women with young children
Pregnant women receive proper prenatal care
According to the Memorandum of Understanding (Article 11)( Protocole d’accord), prisoners are entitled to psychological, medical, and social care from the Office of Birth and Childhood (Office de la naissance et de l’enfance, ONE). They can also receive care from physiotherapists, gynaecologists, and midwives.
In practice, adherence to these standards is questionable. Access to an ultra-sound can take more than 16 weeks.1 Female prisoners must insist on having a post-natal check-up, as it is not guaranteed.2
According to a ONE employee: “The last mother I saw could no longer feel her baby moving. She was scared. She wanted to see the gynaecologist, but he was ill. She wrote on the message-board that she wanted to see a doctor, and they replied that she was asking for that too often. So, since the director was ill, I emailed a social worker who replied coldly that the mother had seen the doctors and gynaecologist on schedule. So who to believe, and what to believe?” (reported in 2020 by the Université catholique de Louvain)3
Centre d’action laïque, “Prisons : une invisibilisation genrée”, December 2020 (in French). ↩
International Prison Observatory- Belgian section, “L’enfermement des mères et de leurs enfants: comment ça se passe?”, 2018 (in French). ↩
Mahé Desmet, “La maternité derrière les barreaux. Comment les mères incarcérées gèrent-elles la détention accompagnées de leur enfant?”, 2020, p. 52 (in French). ↩
Childbirth takes place in
an external medical facility
The Belgian section of the International Prison Observatory noted that: “The situations and facilities depend on the prison […] All women who are about six months pregnant are transferred to Bruges prison, which has more medical equipment. From there, they are taken to a hospital for delivery.”
Female prisoners remain in the hospital for three to five days. Hospital teams are largely committed to treating them as they would do with any other mother. They are entitled to the presence of the father or loved one during delivery, visits, birth photos, and birth certificate. A gynaecologist or a paediatrician determines their return to prison. The mother is not allowed to visit her child in the hospital.1
Pregnant women wishing to terminate their pregnancy may be transferred to a family planning centre or a hospital.2
Mahé Desmet, “La maternité derrière les barreaux. Comment les mères incarcérées gèrent-elles la détention accompagnées de leur enfant?”, 2020, pp. 55-56 (in French). ↩
Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 10 (in French). ↩
The use of instruments of restraint is forbidden during labour and childbirth
Officially, since 2005 women do not remain handcuffed during childbirth. However, they may be handcuffed while being transferred to a hospital.
In 2018, The Belgian section of the International Prison Observatory obtained testimonies from female prisoners who were kept in handcuffs during labour and delivery. In June 2022, the Central Prison Monitoring Council (CCSP) was informed about the case of a pregnant woman in Lantin prison. She was transferred to a hospital where she remained handcuffed and tied to a bed during labour and delivery.1 Belgian media reported that this woman*“remained handcuffed and immobilised on her stomach with a rope around her ankle attached to the gurney.”* The restraint was allegedly “relaxed” during the delivery.
Federal Institute for the Protection and Promotion of Human Rights, Combat Poverty, Insecurity and Social Exclusion Service, “[Parallel Report to the UN Committee on the Elimination of Discrimination against Women] (https://ccsp.belgium.be/wp-content/uploads/2022/10/Rapport-CEDAW.pdf)”, 8 September 2022, pp. 12 and 22. ↩
Mothers are allowed to keep their children with them
yes, until the age of 3 years
Female prisoners can keep their children with them in Bruges, Hasselt, and Lantin prisons. The former Berkendael prison (closed in November 2022) also had cells set aside to accommodate children. The new Haren prison complex, which opened in November 2022, has a section with five “mother-child rooms” in the closed centre, and a mother-child section in the open centre.
Every prisoner with a young child must meet with a member of the Office of Birth and Childhood (ONE) to discuss the possibility of keeping the child with her in prison and the potential repercussions. Refusals are rare. Permission depends mainly on the material conditions of the facility. One mother was once refused permission to keep her six-month old baby with her because overcrowding would not allow her to be alone with the baby.1
Mother and child are kept separate for a short unspecified time while a decision is made. A female prisoner in Berkendael prison reported that she had to wait two weeks to have her child brought into her care. When a child arrives in prison, the mother is given nursery items (diaper change table, bathing basin, bottle warmer, diapers, baby bottles).2 At Berkendael prison, the children were searched by a female staff member, in front of the mother.
A doctor examines the child in the following few days upon their arrival. Members of ONE provide assistance to the mother and child, who must sometimes share a cell with another prisoner because of overcrowding.3
At the age of three, the child goes to live with a family member, a foster family, or to a care home. The maintenance of family ties depends on the types of contact authorised by the prison and the possibility for children to visit their incarcerated mothers. Volunteers with the Red Cross mobile service accompany the children from their homes to the prison. The Relais Enfants-Parents sets up family visits in Brussels and Wallonia.
Mahé Desmet, “La maternité derrière les barreaux. Comment les mères incarcérées gèrent-elles la détention accompagnées de leur enfant?”, 2020, pp. 58-63 (in French). ↩
Ibid. ↩
International Prison Observatory- Belgian section, “L’enfermement des mères et de leurs enfants: comment ça se passe?”, 2018 (in French). ↩
Lantin and Bruges prisons have nurseries for mothers and their children (Memorandum of understanding of May 2014). A nursery must be in a cell space of about 15 m 2 per mother-child, with space for changing/bathing area, as well as communal areas: rest rooms, kitchen, furniture, as well as appropriate games (Article 4). There should be an activity for mothers and their children at least once a month.
Haren prison has two cells set up for women and their young children. They are not separate from the rest of the prison.
In 2017, the CPT pointed out that Lantin prison needed renovation work and upgrading of nurseries (no shower heads, rusty bathtubs, a hole in the bathtub lining, etc.).1
Female prisoners transfer cells one month before their due delivery date. In Lantin, they go to the nursery to familiarise themselves with the communal areas and their new cell. Researcher Corinne Rostaing found that the atmosphere of the nursery is more relaxed than in the rest of the prison. The nursery includes four cells that can accommodate four mothers. The open cells and space to move around promotes interaction and conversation. There is space, a kitchen, and a common bathroom, as well as a play area. The mothers prepare the children’s meals themselves. Sometimes the guards share time with the children or watch over them when their mothers go to fetch something from their cell. For prisoners and staff, this interaction is positive, even if it is not approved by the authorities. Sometimes the mothers look after other children and share clothing. The mothers in the prison nurseries are isolated from the rest of the female prisoners. They cannot join the others for outdoor walks or take part in group activities. Sometimes the other cells are empty and a mother is left alone with her child. One of these women shared her experience: “Before delivering, I had many friends among the female prisoners. Now that I am with my son, I can no longer see them or talk to them…” (from the Fonds Houtman, 2010).2
The Belgian section of the International Prison Observatory warned that: “The situation these babies and young children are in as far as their social services rights go is unclear (birth premium, allowances), and the presence of nursing babies in prison facilities inevitably raises questions. On one hand, it allows mother and child to bond, creating an indispensable relationship during the first months of life to build identity and place in the world. On the other hand, incarceration, inappropriate spaces, and lack of visual, olfactory, and auditory stimuli can affect the child’s development.”
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. 35.“, (in French). ↩
Mahé Desmet, “La maternité derrière les barreaux. Comment les mères incarcérées gèrent-elles la détention accompagnées de leur enfant?”, 2020, pp. 54, 61-62 ans 88-90 (in French). ↩
The security staff is not in civilian clothes when working in the children living spaces.
Authorities must take care of the specific needs of the children.
Members of the Office of Birth and Childhood (ONE), who are regularly present in the prisons, represent various professions: “PEPs” (partenaires enfants-parents who provide medical and social support to pregnant women), midwives, psychologists, and early childhood workers. Educators specialising in child care are also present (Memorandum of Understanding of May 2014, article 6). The Memorandum of Understanding defines the provisions that children in prison with their mothers are entitled to, such as health care, psychological and social care, preventative and curative care, access to specific areas, and maintaining ties with the other parent and the rest of the family (Article 8).
Minors
The law bans the imprisonment of minors
Incarcerated minors
0 %
Ministry in charge of incarcerated minors
Communities
These are the Youth Welfare General Administration (administration générale de l’aide à la jeunesse, AGAJ) in Wallonia, and the Flemish Agency for Youth Welfare (Jongerenwelzijn) agency in Flanders.
The Juvenile Court (Tribunal de la Jeunesse) is the jurisdiction that deals with minors.
The juvenile justice system in Belgium has adopted a protection-oriented model. Juveniles are not considered offenders but perpetrators of contraventions. Rather than punishment, judges must opt for so-called restorative measures, such as socio-educational interventions (reprimands, placement of the minor, or preservation in their own environment).
The types of facilities accommodating young offenders depend on the classification of the minors: dessaisi or non-dessaisi. Dessaisis minors are minors aged 16 or over who are no longer under the jurisdiction of the Juvenile Court. They are referred to the Public Prosecutor and may be prosecuted and sentenced as adults.
Dessaisi minors may be sent to the Saint-Hubert centre communautaire pour mineurs dessaisis (CCMD), where a communal living regime has been implemented. It can accommodate 12 young men aged between 16 to 23.
A minor can be housed in a public youth protection institution (institution publique de protection de la jeunesse, IPPJ), in an open regime from the age of 12, and in a closed regime, from the age of 14.
The IPPJs Wallonia are in:
- open regime, intra-murals: Fraipont, Wauthier-Braine, Saint-Servais
- open regime, extra-murals: Fraipont and Jumet
- closed regime: Braine-le-Château, Fraipont, Wauthier-Braine, Saint-Hubert, Saint-Servais
The IPPJs Flemish are in:
- open regime: De Kempen campus De Markt, De Zande
- closed regime: De Kempen campus De Hutten, De Grubbe
Foreign prisoners
Number and percentage of foreign prisoners
Variation in the number of foreign prisoners
decrease
The number of foreign prisoners decreased by 2.21% between 2022 (4,752)1 and 2023 (4,647).
Council of Europe, SPACE I Report 2022, table 12. ↩
The latest statistics published by the prison administration showed that in 2017, there were prisoners of more than 130 nationalities. The majority of foreign prisoners were Moroccan (9.6%), Algerian (4.8%), Romanian (3.2%), Dutch (2.7%), French (2%), Albanian (2%), Italian (1.4%), Turkish (1.1% ), and Tunisian (1.1% ).1
Direction générale des établissements pénitentiaires, “Rapport annuel 2017”, 2017, p. 46 (in French). ↩
Foreign prisoners are informed of their right to communicate with their consular representatives
Foreign prisoners have the right to communicate with their country’s consular and diplomatic representatives, at all times, without interception or censorship. (Loi de principes, Article 69).
The prison regulations are translated for foreign prisoners
no
Internal prison rules are available in French and Dutch.1 The Central Prison Monitoring Council (CCSP) reports that for other languages, prison officials call on third parties such as staff members, chaplains, visitors, monitoring commissions, other prisoners, or people from the embassy.
Central Prison Monitoring Council, “Avis relatif au règlement d’ordre intérieur (partie générale) des prisons”, 20 October 2022, p. 8 (in French). ↩
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). ↩
Foreign prisoners are entitled to legal aid
The following immigration-related offences are punishable by imprisonment :
- unauthorised entry and/or stay
- failure to respect non-custodial measures
- failure to leave the country after an expulsion order
- violation of a re-entry ban
Foreign prisoners 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). ↩
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.
Foreign prisoners can make phone calls to their home country.
Families of foreign prisoners cannot benefit from specially arranged visits.
Those whose mother tongue is not the same as that of their community face a language barrier in prison. This is a problem for Dutch speakers in Belgium who are incarcerated in Wallonia, for francophones incarcerated in Flanders, and for German-speaking Belgians incarcerated in either one.1
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. 7 (in French). ↩
Long-term prisoners
A long-term sentence is considered as such as of
5 years
Cumulative sentences have a limit
According to the Penal Code, sentences should not exceed either 20 years or the maximum term of imprisonment, if the latter is greater than 20 years (Article 60).
In the case of concurrent offences, only the heaviest sentence is imposed. It can be increased by five years if it is less than 20 years (Article 62).
There are specific prison facilities for long-term prisoners
There are facilities for people given prison sentences of more than five years. In practice, the separation of prisoners is rarely effective due to overcrowding.
There is no specific detention regime for Prisoners condemned to a long sentence.
Life sentences are banned
Young offenders under the age of 18 cannot be sentenced to life. (Penal Code, article 12).
People serving a life sentence
Variation in the number of people serving a life sentence
decrease
The number of prisoners sentenced to life decreased by 3.3% between 2022 (182)1 and 2023 (176).
Council of Europe, SPACE I Report 2022, table 10. ↩
Life sentencing can be applied in the following cases:
- physically assaulting the King (Penal Code, Article 101)
- attempting to murder the heir apparent to the crown (Article 102)
- various crimes and offences against the State’s international security (Book 2, Title 1, Chapter 2), such as espionage, sharing of confidential information with foreign parties, and acts endangering national security
- various serious violations of international humanitarian law (Articles 136-136octies)
- certain serious terrorist offences against a State or international organisation (Articles 137-138, 140septies)
- kidnapping someone who is in a vulnerable position due to age, pregnancy, illness, infirmity, physical or mental disability, or minority status (Article 347bis)
- kidnapping and causing a possible incurable illness, inability to self-care for more than four months, total loss of the use of an organ, serious injury, torture, or death (Article 347bis)
- homicide motivated by hatred or hostility towards the victim (Article 405ter)
- murder committed to assist in robbery, extortion, destruction or damage to ensure impunity (Articles 475 and 523)
- arson committed with knowledge that there are persons on the premises and causing death (Article 518).
There are specific prison facilities for life-sentenced prisoners
Life-sentenced prisoners are not subject to a specific prison regime.
A prisoner serving a life sentence may be granted conditional release after serving at least 15 years. This period may be extended to 23 years for any repeat criminal offences. (Loi relative au statut juridique externe, Article 25).
Untried prisoners
Percentage of untried prisoners
Variation in the number of untried prisoners
increase
The number of untried prisoners increased by 1.94% between 2022 (3,972)1 and 2023 (4,049).
Council of Europe, SPACE I Report 2022, table 8. ↩
Untried prisoners are separated from the convicted
In principle, untried prisoners must be separated from the convicted persons, except during common activities and with their consent (Loi de principes, article 11). In practice, this separation is not implemented. The Central Prison Monitoring Council (CCSP) has stated that this is due to issues of infrastructure and overcrowding.1
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 52 (in French). ↩
The law provides for release on bail for untried prisoners
“Non-Belgian residents are rarely granted bail because of the difficulty of guaranteeing that the accused will present him/herself for further investigation and trial.” 1
Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, “Belgium: in prison abroad”, 3 September 2020, p. 12. ↩
There is no limited duration of pre-trial detention.
A first arrest warrant is valid for five days (Loi 1990 relative à la détention préventive, Article 21) followed by one month, renewable once, and then for renewable periods of two months (Article 22).
After six months of pre-trial detention, defendants may ask for a court hearing if the maximum sentence does not exceed fifteen years. Otherwise, they must wait one year in pre-trial custody (Article 24). On average, most prisoners spend between two and six months in remand.1
Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, “Belgium: in prison abroad”, 3 September 2020, p. 12. ↩
According to the Loi 1990 relative à la détention préventive pre-trial custody can be appealed (Article 24).
The Loi de principes provides for a prison regime consistent with the presumption of innocence of people awaiting trial (Article 13). This principle is not always followed.
Those accused of committing a terrorist-related offence are placed under a specific regime before being sentenced.
Minorities or indigenous people
Data collection about prisoners’ minority or indigenous background is allowed
Only the prisoner’s nationality is recorded.
Minority or indigenous backgrounds are criteria for specific cell or unit assignment
no
Minorities and indigenous people are not subject to any particular prison regime.
The specific needs of prisoners are taken into account with regard to
-
There are no specific provisions made for the needs of minorities or indigenous persons.
LGBTQI+ people
The prosecution or imprisonment of a person on the grounds of their sexual orientation or gender identity is banned
LGBTQI+ persons are separated from other prisoners
no
Trans persons are sometimes placed in isolation, separate from other prisoners.
There are no special rules in place for the protection of LGBTI prisoners. The direction générale des établissements pénitentiaires (DG-EPI) has been working on this for several years, particularly for transgender persons, but there is not yet a specific framework in place for this group.1
I.Care, Des réalités des personnes transgenres en prison, November 2022, pp. 3-4 (in French). ↩
Assignment of transgender prisoners to a specific facility depends on
their own identification or their ID gender
I.Care reported on a variety of practices regarding imprisoned transgender persons. They are not always accommodated in a section corresponding to their gender identity. Placement decisions seem to be made at the administrative level of every facility on the basis of the person’s physical appearance and the risks of stigmatisation and violence. The situation is aggravated when an individual’s gender identity does not match their sex marker.
I.Care reports that prison officers do not always respect the gender identity of trans prisoners. For example, some guards refuse to use the prisoner’s chosen first name or pronouns. I.Care was informed that some staff members threaten to transfer transgender females to the male prison units when a problem arises; this is very stressful for them.1
I.Care, Des réalités des personnes transgenres en prison, pp. 3-4 (in French). ↩
Transgender prisoners benefit from specific health care
yes
I.Care reports that transgender people have been able to continue their hormonal treatments in prison.1
I.Care, Des réalités des personnes transgenres en prison, pp. 3-4 (in French). ↩
Conjugal visits are allowed for LGBTQI+ prisoners
yes
It is still a relatively taboo subject, but there are no rules limiting same-sex conjugal relationships.1
Centre d’action laïque, “Guide de la personne détenue”, November 2019, p. 13 (in French). ↩
Elderly prisoners
The prison service keeps a record of elderly prisoners
Number and percentage of elderly prisoners
Saint-Hubert prison has a specific unit for 30 prisoners over the age of 60 who are nearing the end of their sentence. The premises are adapted: everything is on one level and wheelchair accessible. Specific activities are offered to them. Merksplas prison in Antwerp also has a pavilion for elderly prisoners.
The other facilities do not have specific units for older persons. For example, this is the case for Saint-Gilles prison.
Spaces are not designed to facilitate access to beds, showers or the exercise yard and the passage of wheelchairs. Food is not adapted for people with no teeth.
Prison directors must take measures on a case-by-case basis, depending on the individual needs of elderly prisoners The medical teams are often overworked and cannot provide proper care. Guards sometimes call on other prisoners to help and accompany those with less mobility. Prison authorities only take measures when the prisoner’s condition deteriorates.
Elderly prisoners may be granted early release for health reasons such as when their condition is incompatible with their detention or when they are at the end of their life. In practice, these measures are rarely used.
Persons with disabilities
The prison service keeps a record of prisoners with disabilities
-
There are no specific regulations in place for disabled prisoners who need assistance. The Belgian League for Human Rights reports that Belgium has a structural problem in this area.
Death penalty is abolished
yes, since 1996
The death penalty was abolished for all crimes in 1996. Its abolition was enshrined in the constitution in 2005.