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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…
Security, order, and discipline
Security measures
Security functions are fulfilled by
the prison administration
Some prison facilities, units or cells implement high-security measures
The Loi de principes (section III) allows for the possible placement under a specific individual security regime (régime de sécurité particulier individuel, RSPI). This placement “may be applied only when security cannot be maintained in any other way and for a duration that is strictly necessary” (Article 116). Prisoners may be placed under RSPI if they “represent an ongoing security threat and it is shown that special monitoring and security measures are not adequate”. Prisoners are placed in “security cells” 1, and the following measures are applied: banning from taking part in group activities, routine monitoring of correspondence, separation barriers during visits, limited telephone use, routine clothing searches (Article 117).
Until 2019, Bruges prison had, a high security unit with ten beds for prisoners who were deemed particularly violent with the guards and presented a serious risk of escape. They were kept under an extremely strict and controlled regime. Currently, it is possible for prisoners under stricter regimes to be placed in regular units.
Hasselt and Ittre prisons have two units with 20 spaces, called “D-Radex” sections, for prisoners considered to be “radicalised”. Only certain prisoners have access to activities, subject to management approval. Working is drastically limited, as are visits and phone access. In Ittre, the courtyard of the “D-Radex” sections is tiny and surrounded by barbed wire fencing. There is no “de-radicalisation” programme in this facility. In Hasselt, prisoners have access to the regular yard and can receive the visit of a “de-radicalisation” specialist.
In 2019, the Criminal Court of Brussels mandated the Belgian government to pay a symbolic amount of one euro per detention day to alleged jihadist prisoners placed in “D-Radex” units. The Belgian government considered it an ordinary prison regime, while the court claimed it constituted a specific individual security regime (RSPI). The RSPI scheme, as provided by the law, is associated with several legislative guarantees (Article 1382 of the Civil Code). The Criminal Court claimed that placement in the “D-Radex” section, without the legal guarantees associated with a special security scheme, constitutes a violation from the Belgian government. The plaintiff’s lawyer, Nicolas Cohen2, reiterated the importance of individual supervision of prisoners and the guarantee of their right to appeal as provided by the law.
Central Prison Monitoring Council, “Utilisation des cellules de punition et de sécurité dans les prisons belges”, 2021, pp. 7-11 (in French). ↩
Board member of Prison Insider ↩
Prisoners are classified according to their supposed level of dangerousness
yes
Prisoners deemed dangerous are identified on a list that the administration does not make public. The prisoners concerned have no access to their classification files and cannot challenge the decision. The transfers linked to their classification jeopardise any detention and reintegration plans.
It is impossible to appeal a decision regarding the imposition of specific security measures (mesure de sécurité particulière, MSP) or placement under a specific individual security regime (RSPI).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 27 March to 6 April 2017”, 8 March 2018, p. 28 (in French). ↩
The Loi de principes states that “maintaining order and security involves a dynamic interaction between prison staff and prisoners, as well as a balance between technical measures in place and a constructive detention regime” (Article 105). The Prison Act of 23 March 2019 allows for two distinct roles for prison officers: supervision and accompaniment of prisoners.
During its visit in 2021, the European Committee for the Prevention of Torture (CPT) highlighted the prison administration’s intention to divide the personnel into two categories (40% security and 60% education). Each category is to get special training and staff members are asked to choose the category they wish to work in. The CPT stated that authorities hope to implement this approach progressively, which will begin in Haren prison.1
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. 25 (in French). ↩
Search methods and procedures are defined in the Loi de principes (Article 108), as well as by joint letters (memos) N° 141 of 30 January 2017 and N° 156 of 14 August 2020.
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clothing searches (or pat-downs): The purpose of pat-downs is to check that prisoners do not have dangerous or banned substances or objects on them. Guards can conduct pat-downs when it “is necessary to maintain order and security”. Some of the commissions mentioned complaints about the lack of privacy, as well as improper touching and other inappropriate acts on the part of officers.1
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body searches (or strip searches): prisoners have to get undressed. A prison officer inspects the surface of the body and observes bodily cavities. An individual is strip searched when the prison director believes that frisking is insufficient. The prison director must submit their decision to the prisoner in writing no later than 24 hours after the search has occurred.
The Constitutional Court banned routine and unjustified strip searching in 2014, stating that a risk assessment is required in order to meet the principle of strict necessity and humane treatment. Routine strip searches are nevertheless still practiced by virtue of the Loi de principes and the No. 141 Joint Letter from 30 January 2017; they are carried out on all prisoners before entering prison, before going into a security or punishment cell (disciplinary cell), and after a barrier-free visit.
According to the Central Prison Monitoring Council (CCSP), there is still a lack of transparency in the decisions made by the prison director. At Merksplas, decisions regarding body searches are jotted down on the back of the report, and sometimes, there is no mention of who made the decision and why.2
Prisoners often complain about strip searches, the failure to follow procedures, and not having a towel to cover their private parts. Some of them also mention that searches are conducted bare-handed, in areas with heavy foot traffic, and that prisoners are forced to bend over. The CCSP said that strip searching is often considered very humiliating.3 The prisoners at the Marneffe prison informed the CCSP that officers were requiring them to lift their genitals after they undressed for strip searches.4
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, pp. 37 and 50 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, p. 27 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, pp. 37 and 50 (in French). ↩
Central Prison Monitoring Council, “Visite des établissements pénitentiaires de Louvain central et de Marneffe”, 2023, p. 67 (in French). ↩
All searches are logged in a register
no
Strip searches must be recorded. In 2019, the Federal Ombudsman stated that these searches are not always entered in the prisoner’s file.1
In 2022, the CCSP observed that Saint-Hubert prison still did not have a log of searches conducted, even though this document is mandatory. In this situation, the information must be retrieved from individual files.2
The Federal Ombudsman, “Strip searches”, 2019. ↩
Central Prison Monitoring Council, “Rapport annuel 2022 de la Commission de Surveillance de Saint-Hubert”, p. 8 (in French). ↩
Body cavity searches are conducted by a physician
The inspection of bodily cavities is carried out by a prison officer who is not allowed to touch the prisoner. Only a doctor is allowed to conduct a body cavity search, and strictly for medical purposes.
In 2019, the Federal Ombudsman noted that, in five prisons, guards pressured the medical staff to participate in strip-searching. Nurses also said they were routinely asked to strip-search prisoners who were ill, in casts, or partially mobile. The Ombudsman said that many doctors practicing in prisons do not know the legal framework of the procedure.1
The Federal Ombudsman, “Strip searches”, 2019, pp. 115-117 (in French). ↩
Relatives who enter the prison are searched using the following methods
electronic devices or pat-downs
Professionals who enter the prison are searched using the following methods
electronic devices
The Ministerial Memo No. 1810 states that the restraints authorised for use inside prisons are handcuffs and metal ankle shackles with a double-locking hinge. These restraints may be used when a prisoner presents a physical danger to themselves or others.1
In 2017, the CPT reported that prison guards used mechanical restraints for prisoners in mental health crises, outside of any medical facility and without the presence of health care personnel. One prisoner in the Leuze-en-Hainaut prison was kept completely restrained with handcuffs for 18 hours after threatening to commit suicide.2
Chemical restraint (haloperidol or zuclopenthixol) is sometimes used for prisoners under mechanical restraint. The CPT stated that this is notably done at Lantin prison. The use of a chemical restraint is only permitted under a doctor’s order and in his/her presence.3
The European Court of Human Rights (ECHR) pointed out that in the 2017 case of Tekin v. Belgium there was an insufficient and imprecise legal and administrative framework on the use of coercive measures. It shared the concerns of international observers.
Ministry of Justice, International Prison Observatory- Belgian section, “Notice 2016 pour le droit à la dignité des personnes détenues”, 2016, p. 58 (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 27 March to 6 April 2017”, 8 March 2018, p. 41 (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. 23. (in French) ↩
The decision to employ handcuffs and ankle restraints rests with the prison director and must always be recorded in a special registry of coercive measures, which must also include the circumstances that led to the decision and the time and length of the intervention.1
Central Prison Monitoring Council, “Utilisation des cellules de punition et de sécurité dans les prisons belges”, 2021, pp. 42-43 (in French). ↩
Security staff carry
non-lethal weapons
Prison officers may use batons, shields, protective vests, and helmets (Ministerial Memo No. 1810).1
Central Prison Monitoring Council, “Utilisation des cellules de punition et de sécurité dans les prisons belges”, 2021, pp. 42-43 (in French). ↩
A special intervention unit is in charge of restoring order
Each prison has a special intervention unit for isolating prisoners (punishment cells). The prison director can call upon police in the case of group action, such as riots, or refusals to return to the cells after joining in prayer or spending time outside (in the courtyard).
The European Committee for the Prevention of Torture (CPT) reported that prisoners who are considered radicalised are subject to increased supervision. The majority are subject to a specific security measure (MSP) or a specific individual security regime (RSPI).1 See section Security, Order and Discipline.
According to the Belgian League for Human Rights, there has been an improvement in the treatment of allegedly radicalised prisoners. Routine confinement has stopped and the right to complain has been introduced. The Belgian state was condemned for placing allegedly radicalised people in dedicated sections (“D-RadEx” units) without the right to appeal.2
Prison administration monitors political and religious extremism, focusing mainly on Islamic extremism. Policies are being developed to address the growing number of cases of right-wing extremism.
As of 11 January 2021, the prison administration was monitoring 100 prisoners who were considered radicalised: 45 in Wallonia, 43 in Flanders and 12 in Brussels. Their approach to managing them was based on surveillance. The administration pointed out that they focused on disengagement measures (renouncing violence) rather than deradicalisation (changing beliefs and way of thinking). The administration also works with Muslim chaplains and organisations to implement these measures.3
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. 29 (in French). ↩
Belgian League for Human Rights, “État des Droits Humains en Belgique - Rapport
2021”, January 2022, pp. 26-27 (in French). ↩The Centre for Help and Support for Anyone Concerned by Extremism and Violent Radicalism (CAPREV) in Wallonia-Brussels, and the Centre for General Welfare (Centrum Algemeen Welzijswerk, CAW) in Flanders. ↩
Incidents
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.
Number of hostage takings
Data not disclosed
Number of violent acts against prison staff
Data not disclosed
Collective movements are recorded
-
In some prisons, collective protest movements occur. These often take the form of a refusal to return from the prison yard to the cell.
Disciplinary regime
Breaches of discipline are clearly defined in writing
Disciplinary offences are defined in the Loi de
principes (Articles 129 and 130) under two categories. The first category of disciplinary offences are as follows:
- intentionally causing bodily harm to persons, or threatening to do so
- intentionally damaging or destroying someone else’s movable or immovable property, or threatening to do so
- unlawful seizure of property
- intentionally disturbing the peace
- inciting or carrying out collective actions that seriously endanger prison security or order
- possessing or trafficking substances or objects banned by or pursuant to the law
- escape or participation in escape
- possession or use of technology that allows improper communication with the outside world
The second category of disciplinary offences are as follows:
- insulting persons in the prison
- failure to comply with internal rules and regulations
- refusing to comply with instructions and orders from prison staff
- unlawfully remaining in an area exceeding the authorised time limit or in an area for which no access rights have been granted
- unauthorised contact with a fellow prisoner or with a person outside of the prison
- failing to keep living and common areas sufficiently clean, or soiling the grounds
- causing noise pollution that affects normal prison activity
The general disciplinary sanctions, regardless of the nature of the offence, are as follows (Loi de principes, Articles 132 and 133) :
- reprimand with a record in the registry of disciplinary sanctions
- restriction or deprivation of canteen rights (except for toiletries and correspondence material) for a maximum period of 30 days
- isolation in the prisoner’s living area (maximum of 30 days for first category offences and 15 days for second category offences)
- confinement in a punishment cell (maximum of nine days for first category offences and three days for second category offences)
There are special sanctions with durations that vary according to the type of penalty. They may be applied for a maximum of 30 days for first category offences and 15 days for second category offences. These special sanctions are:
- removing the right to own certain objects
- deprivation or restriction of the right to use the library, without removing the right to obtain information for training purposes or for the freedom to exercise one’s religion or philosophy
- deprivation or restriction of contact with visitors from outside prison (e.g., visits through a glass partition)
- deprivation or restriction of the right to use the telephone
- banning participation in cultural activities, sports, or socialising
- banning participation in group work
- banning participation in group training activities
The most widely used disciplinary sanction is solitary confinement (1 to 30 days maximum). Solitary confinement in a disciplinary cell is the most severe sanction.
The CCSP indicated that Monitoring Commissions received complaints about certain disciplinary sanctions. At Gand, prisoners do not always know the exact duration of disciplinary sanctions, which causes them frustration. The Monitoring Commission at Louvain Secondaire observed unjustified disciplinary sanctions. The commission at Forest prison (closed since 2022) noted that isolation in a living area for seven days or more resulted in a transfer to the third wing of the prison; this led to a loss of work and a return to the bottom of the waiting list. The Nivelles commission observed the same situation.1
The CCSP has questioned the legality of the disciplinary systems in force in the Leuven central prison and the Marneffe prison. They are not based on the provisions of the Principles Act or the internal rules and regulations. These additional measures are applied systematically, without an individual, reasoned decision from the prison governor.
Leuven uses a system of points, which are assigned to prisoners based on the disciplinary offence committed. Once the prisoner has racked up ten points, he is transferred from the open regime to the basic regime. At Marneffe, disciplinary sanctions impact a prisoner’s ability to remain in an individual cell or have access to one.
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 51 (in French). ↩
The decision to apply a disciplinary sanction must be subject to an adversarial debate
yes
Staff members who believe there is a need for a disciplinary sanction must write up and send a disciplinary report to the prison director. The latter is responsible for informing the prisoners about the actions being reprimanded in a language they understand or with the help of a third party. The prisoners may present their defence arguments to the prison director verbally or in writing. The prison director may hear the author of the disciplinary report and one or more witnesses in the presence of the prisoner. A decision is taken within 24 hours of the hearing (Loi de principes, Article 144).
Prisoners are allowed to be assisted by a lawyer
Prisoners have the right to be assisted by a lawyer during disciplinary proceedings (Loi de principes, Article 144).
Disciplinary sanctions fall under the jurisdiction of the prison director. (Loi de principes, Article 127).
Disciplinary sanctions may be applied with total or partial conditional stay. In the event that said conditions are not respected, the prison director may decide to carry out the total or partial disciplinary sanction imposed. They can add conditions to a disciplinary sanction that is already underway. They may also prematurely terminate a disciplinary sanction that is underway when it is believed that the goal of the sanction has been achieved before its conclusion (Loi de principes, Article 143).
Prisoners may appeal against disciplinary sanctions
Prisoners have the right to file complaints to the complaints commissions regarding any decision of the prison director about them; this includes disciplinary sanctions decisions, as well as decisions to withhold mail, refuse unsupervised visits, ban telephone calls, or order strip searches.
Disciplinary sanctions can be imposed as a collective punishment
Disciplinary sanctions do not affect the length of the sentences. However, they may affect the decisions of the Sentence Enforcement Court regarding sentence adjustments.
Solitary confinement
Solitary confinement can be used as
- punishment
- protection
- security
For solitary confinement, prisoners can be placed in either a security cell, punishment cell or their own living space. (Loi de principes, Articles 110, 134 and 140).
Confinement for security purposes takes place in security cells for the following reasons:
- temporary measure while waiting for a disciplinary procedure
- temporary security measure (mesure de sécurité provisoire) (MSP)
- specific individual security measure (mesure de sécurité particulière individuelle, (RSPI)
The CCSP explained that: “The reasons most frequently mentioned by the authorities interviewed for imposing MSP and RSPI measures were a prisoner’s own safety, and that of other prisoners and staff. There was also the necessity to neutralise the prisoner, restore order, and suppress provocative behaviour”. These measures may be implemented, for example, in cases of serious verbal and physical aggression towards other prisoners and personnel, vandalism, disturbances, drug use, or smuggling of banned substances or goods.
In 2021, the CCSP reported that prison authorities use security cells to prevent suicide attempts or following such attempts, as well as in cases of self-harm or mental health crises, and to isolate agitated prisoners or those awaiting medical treatment.1
Isolation for the purposes of punishment takes place in a prisoner’s living space or in a punishment cell.
In 2017, the CPT reported that individuals in a mental health crisis were placed in solitary confinement cells in disciplinary sections. It reported that at Lantin prison, an individual in crisis was kept completely naked for several days in a punishment cell. The CPT stated that these practices violate the human dignity of people with mental health problems.2
According to the CCSP, most authorities declare to receive occasional requests for voluntary confinement by prisoners for a variety of reasons: conflicts with fellow prisoners, feelings of being insecure3, the need for peace and tranquillity, risk of self-harm, or as a way of pressuring authorities to do something (to hasten or prevent a transfer). There is no legal basis for voluntary confinement. Some authorities fear that refusing may lead the prisoners to deliberately commit a disciplinary infraction to be placed in solitary confinement. Authorities said they try to discuss the situation first and find another solution (mediation with a fellow prisoner, changing cells). Requests for voluntary confinement for the “need for peace” are accepted in many establishments, particularly when someone with a mental health issue requires a (brief) confinement period as part of a treatment plan.4
Central Prison Monitoring Council, “Utilisation des cellules de punition et de sécurité dans les prisons belges”, 2021, pp. 93-98 (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 27 March to 6 April 2017”, 8 March 2018, p. 41 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2022”, 2023, p. 17 (in French). ↩
Central Prison Monitoring Council, “Utilisation des cellules de punition et de sécurité dans les prisons belges”, 2021, pp. 103-105 (in French). ↩
Solitary confinement is decided
by the prison director
Individuals under Intensive Surveillance Prisoner Status (RSPI) may appeal against the decision of the directorate general to initiate, renew or continue their imprisonment under this regime.1
Central Prison Monitoring Council, “Rapport annuel 2022”, 2023, p. 37 (in French). ↩
The duration for placement in solitary confinement is limited
yes
The Loi de principes states that security cell placements may last up to seven days (Article 112).
Placements in punishment cells can last a maximum of nine days for first category offences, and three days for second category offences. They may last 14 days for hostage taking (Article 132). See Disciplinary regime for the types of offences.
Solitary confinement can be extended
yes
According to the Loi de principes (Article 112), placement in security cells can be extended up to three times. The prison director must provide the reasons for the decision and allow prisoners a hearing.
The solitary confinement measure is subject to regular review
yes
Prison officials must keep a weekly record of the condition of the prisoners undergoing solitary confinement. A monthly report is then submitted to the authorities, who can decide at any time end or adjust the confinement period.
Prisoners in solitary confinement receive regular medical care
Officials must ensure that a person placed in a punishment cell can receive psychosocial or medical care. (Loi de principes, Article 136). The director and a doctor must visit the prisoners daily. They must check on their condition and situation and see if they need to file a complaint or a report. (Article 137).
Most prison directors told the CCSP that medical follow-ups are conducted daily. Prisoners with particular issues (psychosis, suicidal tendencies) receive special attention. Whether a doctor can visit depends on his/her availability and priorities within the prison. Some directors explained to the CCSP that doctors conduct their prison visits in the mornings: therefore, waiting times for medical attention are longer for prisoners sent to confinement in the afternoon.
A psychiatrist may be called in for mental breakdowns, psychosis, and depression. This is not done automatically and only happens after a situation analysis. CCSP investigations show that it is possible to contact the psychosocial services (Service psychosocial, SPS), but it depends on staff availability.1
Central Prison Monitoring Council, “Utilisation des cellules de punition et de sécurité dans les prisons belges”, 2021 (in French). ↩
Solitary confinement takes place in dedicated cells, called punishment cells (cachots) and security cells.
The 2 February 2019 Royal Decree states that a punishment cell must have a floor space of at least 10 m2, with a headroom of at least 2.5 m, a width of at least 2 m, and a 1 m2 window to allow for natural light. The door may only be closed from the outside, and it must have a peephole and a service hatch.
The CCSP notes that, in practice, prison officials do not always differentiate between punishment cells and security cells.1 The CPT also acknowledged this during its 2021 visit: “The delegation received contradictory explanations from administration and staff of the prisons visited regarding who was in charge of solitary confinement placements and the use of restraints (in other words, whether it was a doctor or a non-medical prison personnel who made the decision). In addition, as in previous prison visits, the delegation found there was confusion between disciplinary placements and security placements, both of which are carried out basically in the same cells (both called the same word by personnel, the “cachot”)”. It also noted that the confusion is compounded by the fact that solitary confinement can be applied to prisoners with mental health problems housed in the psychiatric annexes.2
In general, each prison has ten cells set aside for solitary confinement. Some facilities have more ─the maximum observed was 29─. Dinant prison has no punishment or security cells.
In 2021, the CCSP dedicated a report to these areas of confinement, pointing out that the conditions in most of these cells are deplorable. Many of them are small and do not meet standards: they vary in size from 6 m2 to 13.5 m2, including the amenities. There is not enough light, ventilation, and bedding. The confinement cells are usually concrete (sometimes wood or steel) structures attached to the floor on which a mattress can be laid. The mattress is between 10 and 15 cm thick and usually in good condition. Some cells lack these structures, and the mattresses are on the floor. Several Monitoring Commissions reported seeing dirty and worn or even damaged mattresses. Some punishment cells have additional objects and infrastructure: clock, secure mirror, smoke detector, electrical outlet, blackboard (for writing with chalk).
Some security cells are equipped with additional furniture: a pail, chair, table, cupboard, shelves, refrigerator, sink, secure mirror. The furniture is usually bolted to the floor.
The punishment and security cells are usually equipped with a toilet. In many cases, the flush plate is accessible inside the cell. If not, it is outside the cell and can be activated at the prisoner’s request or by a passing guard.3
The Monitoring Commissions saw a number of markings and messages left behind by prisoners on cell walls. They also saw “visible traces and signs of blows, as well as blood, body fluids, and traces of excrement and food.”. Some commissions reported a stuffy odour and mould in these cells, as well as body odour, and odours of disinfectant, tobacco, toilets, plaster, and sewage.14
CCSP president Marc Nève reported that : “A few days ago, when we went to Tongeren prison, we found that a prisoner in a cell had found no other way to dress than to wrap his body in toilet paper; this is totally unacceptable.”
Central Prison Monitoring Council, “Utilisation des cellules de punition et de sécurité dans les prisons belges”, 2021, pp. 66-67 et 69-90 (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. 21 (in French). ↩
Ibid. ↩
Central Prison Monitoring Council, “Rapport annuel
2021”, 2022, p. 26 (in French). ↩
Prisoners undergoing solitary confinement have the right to at least one hour outdoors. (Loi de principes, Article 136). They have access to an individual prison yard, which is small and dark, covered by wire fencing on top, and can vary from 5.5 m2 to 25 m2 in size. The Monitoring Commissions point out that confined prisoners must frequently request access to time outdoors, as prison officials do not organise regular outings. The outings are usually very early, such as at 6 a.m.1
Central Prison Monitoring Council, “Utilisation des cellules de punition et de sécurité dans les prisons belges”, 2021, pp. 127-130 (in French). ↩
Prisoners in solitary confinement cannot take part in group activities. Individual activities such as religious practice, chaplain visits, reading, training, and therapy are allowed. During the isolation period, prisoners can have access to reading material. Nevertheless, the CCSP observed that this is not always respected.1
Prisoners in punishment cells do not receive any pay for work or training. (Loi de principes, Article 136).
Central Prison Monitoring Council, “Utilisation des cellules de punition et de sécurité dans les prisons belges”, 2021, pp. 130-131 (in French). ↩
Prisoners in solitary confinement have the right to see their families once a week. A separation is used during this visit (room with a two-way communication device).