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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…
Overview
Prison population
Incarceration rate (per 100,000 inhabitants)
104
The authorities publish official statistics on prison population
no
The publication of prison statistics by prison authorities is inconsistent: the last ones were released in 2017, recounting the statistics for 2016. However, prison population numbers can be obtained from Council of Europe Annual Penal Statistics (SPACE).
The prison service has a computerised record keeping system
The computer programme, Sidis Suite1, keeps track of personal data such as age, gender, nationality, civil status, residency status, name of the prison, length of incarceration, and sentence status.2
DGEPI, Rapport annuel 2016, 2017, p. 13 (in French). ↩
Dorien Brosens, Flore Croux, Bart Claes, Stijn Vandevelde, Liesbeth De Donder, “An organizational analysis of foreign national prisoners’ participation possibilities in Flanders (Belgium), In: Journal of prison education and reentry”, 2019, p. 9. ↩
Total number of prisoners
12,316
Variation in the number of prisoners
increase
The prison population increased by 10% between January 2023 (11,196)1 and June 2024 (12,316).
Council of Europe, SPACE I Report 2023, table 3. ↩
Number of people serving non-custodial sentences
64,181
Variation in the number of people serving non-custodial sentences
increase
The number of persons serving non-custodial sentences increased by 11.26% between 2021 (57,688)1 and 2022 (64,181).
Council of Europe, SPACE II Report 2022, table 9. ↩
Variation in the incarceration rate
increase
The incarceration rate increased by 9.13% between January 2023 (95.3)1 and March 2024 (104).
Council of Europe, SPACE I Report 2023, table 3. ↩
Number of admissions
19,977
Number of releases
Data not disclosed
The number of convicted prisoners released was not available. Officials only report the number of untried prisoners released (7,058 in 2020) and the number of releases granted for unknown reasons (205).
Average length of imprisonment (in months)
6.7
Variation in the average length of imprisonment
increase
The average length of incarceration increased by 39.4% in five years. It was less than 7.1 months in 2015.
Prison density
114.6 %
The Belgium prison system is among the most overcrowded in Europe.
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. ↩
As of 31 January 2021, the distribution of prisoners by the length of their sentence was:
- 3 to 6 months: 0.2% (10)
- 6 months to 1 year: 1% (61)
- 1 to 3 years: 4.4% (279)
- 3 to 5 years: 23.6% (1,510)
- 5 to 10 years: 33.1% (2,119)
- Life sentences: 2.9% (186)1
The number and percentage of prisoners serving sentences longer than ten years were not available.
Council of Europe Annual Penal Statistics, SPACE I - Report 2021, 19 April 2022, p. 54, table 11. ↩
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). ↩
The country has been condemned by an international court for its prison overcrowding
yes
In 2014, the European Court of Human Rights (ECHR) ruled against Belgium in the case of Vasilescu v. Belgium. The Court stated that: “the problems of prison overcrowding in Belgium, as well as problems of hygiene and run-down facilities, are due to a structural problem”.
On 21 September 2023, in relation to the judgment in the case of Vasilescu v Belgium, the Council of Europe called for the Belgian State to establish lasting measures to address the structural problem of prison overcrowding, to guarantee that each prisoner had a bed, to improve prison conditions, and to recruit personnel. The Council encouraged Belgium to prioritise reducing the number of prisoners, rather than increasing prison capacities, and reinforcing the use of alternative measures to detention.
A supervisory body has issued a decision on prison overcrowding
Various supervisory bodies reported prison overcrowding, such as the Central Prison Monitoring Council (CCSP) in 2021 and in 2023, the European Committee for the Prevention of Torture (CPT) in 2017 and 2021, and the Federal Institute for the Protection and Promotion of Human Rights (FIRM-IFDH) in 2023.
Organisation
Name of authority in charge of the prison service
Federal Public Service of Justice (FPS)
Budget of the prison service
640,409,765 €
This budget only includes the Ministry of Justice costs (security, health, administration). It does not include the expenses of local authorities responsible for education and training.
The average daily cost of maintaining a prisoner in 2020, was 142.41 €.
Percentage of the ministerial budget allocated to the prison service
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.
The official name of the prison service is the General Office of Penitentiary Establishments (Direction générale des établissements pénitentiaire, DGEPI). The territorial network is set up based on the linguistic division of the country, with a northern regional office (Dutch-speaking) and a southern regional office (francophone). Prisoners are placed according to the language they speak. There is often confusion surrounding the division of responsibilities between the federal government and federated entities.
There are three types of prison regimes, generally grouped within different units of the same facility:
- open regime: prisoners can move freely within the prison and are subjected to minimal restraints. In 2022, the CCSP’s annual report disclosed that due to understaffing and overcrowding, certain open-regime institutions were forced to close.1
- semi-open regime: prisoners can work during the day inside or outside the prison. They must return to their cells at night.
- closed regime: prisoners are kept in their cells. They may leave their cells on various grounds (visitations, work, activities); this is the most common regime.2
The Huy prison for men is noted for having a so-called progressive regime: the prison has different sections, each with a varying degree of freedom. Prisoners may move from one section to another, provided they meet certain conditions, some of which concern their behaviour. There is a closed regime on the ground floor: all prisoners are placed there under observation upon arrival. This lasts for at least six weeks for the untried prisoners and 15 days for those with sentences. During this period, they cannot take part in activities. The following equipment is banned: video game consoles, fans, hot plates, and refrigerators. The prisoners are allowed to have their children visit them upon request.
The first floor has a “closed door” policy. The appliances banned on the ground floor are permitted. Prisoners may participate in activities except for those who are “punished”.
There is an “open door” policy in Unit A. Cell doors remain open at various times of the day, and access to equipment and activities is the same as that of the “closed door” policy. Prisoners who have taken on jobs in housekeeping, kitchen work, or gardening can gain access to this regime. Those who have received training in the facility have priority. Among the criteria considered are behaviour, status, and sentence duration.
Central Prison Monitoring Council, “Rapport annuel 2022”, 2023, p. 24 (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. 21 (in French). ↩
Prison facilities
There are 39 prison facilities. Nine of the prisons for men have a women’s section.
There are two categories of facilities: jails (maisons d’arrêt) for prisoners awaiting trial or sentencing, and prisons, for those convicted. In practice, numerous facilities house both of these populations.
- jails: Antwerp, Dinant, Huy, Louvain secondaire, Malines, Saint-Gilles.
- prisons: Andenne, Audenarde, Ittre (high security), Leuze-en-Hainaut, Louvain Central, Merksplas, Tongres, Wortel ; Hoogstraten and Marneffe Penitentiary Educational Centre (centres pénitentiaires école, CPE) (mainly training centres); Ruiselede agricultural prison (for prisoners who are at low risk of escaping and who can work in the agricultural centre) ; Saint-Hubert detention centre (mainly focuses on community re-integration).
- jails and prisons: Arlon, Beveren, Bruges, Gand, Haren, Hasselt, Jamioulx, Lantin, Marche-en- Famenne, Gand, Mons, Namur, Nivelles, Termonde, Tournai, Turnhout, Ypres.1
The prison system also encompasses specialised facilities:
- halfway houses: Malines (opened in 2019), Enghien (opened in 2020 and closed since June 2022) and Gentbrugge (ouverte en octobre 2023). These facilities aim to support prisoners nearing the end of their sentences. They can house 12 to 17 people. The halfway houses are managed by a consortium of private entities, such as G4S (an enterprise specialising in security). The CCSP report on these halfway houses indicated: “These places could be very helpful for the most vulnerable prisoners, worn out by prison. But, to improve the reintegration rate, officials are more likely to take in “model prisoners” and prisoners without problems”. Observers point out a lack of transparency in the management of these facilities.2
- detention houses: Courtrai (opened in September 2022) and Forest (opened in June 2023). Small scale facilities (housing 20 to 60 prisoners) which admit people sentenced a maximum of three years of incarceration and who present a low security risk. Detention houses offer tailored supervision and aim to promote reintegration. Some people have the opportunity to participate in activities outside of the facility.3 Residents are supervised by detention assistants. Officials are planning to create 720 places in detention houses throughout the country.
Several prisons also have specific annexes and sections (units):
- psychiatric annexes in Antwerp, Gand, Jamioulx, Lantin, Louvain secondaire, Merksplas, Mons, Namur, Saint-Gilles prisons
- sections for prisoners under internment measures in Antwerp, Bruges, Merksplas and Turnhout prisons
- medical-surgery centre in Saint-Gilles prison
- drug-free sections in Bruges and Hasselt4 prisons
Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 82-117 (in French). ↩
Central Prison Monitoring Council, “Visite des maisons de transitions à Malines et Enghien”, January 2022 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2022”, 2023, p. 12 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2021”, 2022, pp. 82-117 (in French). ↩
Total number of prison facilities
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.
Variation in the capacity of the prison facilities
increase
Admission capacity increased by 5.7% between January 2020 and November 2022. It stood at 9,219 in January 2020.
Officials plan to renovate and open new facilities in the next few years, such as detention and halfway houses.
The size and capacity of prison facilities vary greatly. Nine prisons have more than 400 places, and seven have fewer than 100.
Haren prison, which opened in November 2022, is the largest prison in the country, with 1,190 places. It consists of a jail and a prison for men, a closed centre, an open centre for women, an observation centre, and a medical and psychiatric unit. It will replace Forest and Berkendael prisons (closed since November 2022) and, ultimately, Saint Gilles when it closes (in 2024). Haren Observatory, Inter-Environnement Bruxelles and Ligue des Droits Humains criticise Haren prison’s ultra-secure characteristics: triple surrounding walls, enhanced videosurveillance, doors controlled remotely by a computerised system, strict timing of the organisation of prisoners’ days, reduced access to outdoor spaces. Staff shortages prevent the facility from being fully operational.
The smallest facility, the Malines halfway house, has 15 places.
The prison system has produced successive “masterplans” since 2008 as a response to issues of prison overcrowding and detention conditions. One of these included opening the Haren prison. Many members of civil society have denounced the government’s mega-prison policy and its public-private partnership approach to management.
The country’s prison facilities in 2022 were distributed as follows: two in Brussels, 16 in Wallonia, and 18 in Flanders.
Prison facilities are accessible by public transport
some facilities
The League of Families (Ligue des familles) stated that most prisons are far from any public transport: “Planning a visit can be quite complicated because visiting hours often conflict with regular work hours.”
The CCSP noted the absence of shuttles between the Libramont train station and Saint-Hubert prison for use during temporary release. This absence was reportedly due to staff shortages.1
Central Prison Monitoring Council, “Rapport annuel 2022 de la Commission de Surveillance de Saint-Hubert”, p. 7 (in French). ↩
Staff
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). ↩
Variation in the number of prison guard positions
no significant variation has been observed
The number of guard positions was 6,243 in 2020.
Guard to prisoner ratio
1 : 1.8
Number of socio-educational workers (FTE)
233.3
Percentage of socio-educational workers in relation to the entire prison staff
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). ↩
The training of prison guards consists of 15 days of theory, six months in the field, and ten more days of coursework. Emphasis is placed on security measures, self-defence, and confinement techniques and regulations. Guards must be at least 20 years old and have Belgian nationality. Trainees are often asked to make up for the lack of staff.
Prison guard training is provided by the Training Centre for Penitentiary Staff (Centre de formation du personnel pénitentiaire, CFPP) in Marneffe for francophones and by the Training Centre for Dutch-speaking penitentiary staff (Opleidingscentra voor Penitentiair Personeel, OCPP) in Bruges and Merksplas for Dutch speakers. These centres provide training for all prison staff (guards, managers, administrative, and technical personnel). Continuing education courses are available for staff members.1
The prison administration tries to fill vacancies rapidly and often hires temporary employees and young people. These recruitments are part of a work-related policy aimed at promoting youth employment by hiring people under the age of 26 with little or no professional experience (“Rosetta contracts”). New agents are immediately put to work, and the focus is on-the-job-training.2
Detention assistants at the Forest detention house must complete three weeks of training before beginning work. In practice, all agents are not trained before they start work. The CGSP union calls for all new agents to be quickly provided with sustained core training.
Federal Public Service for Justice, Centres de formation, 2022 (in French). ↩
Central Prison Monitoring Council, “Rapport annuel 2020”, 2021, p. 56 (in French). ↩
The annual basic starting salary for guards was 29,851.77 € in 2022. There are also bonuses and additional benefits: a lump-sum allowance of 25 € net per month (allocation de désagrément), remuneration for evening and night shifts, Saturday shifts at 150%, double remuneration for Sundays and holidays, bonuses for irregular shifts (flexibility bonus).
Absenteeism rate is around 30% in some of the country’s prisons. When there are staff shortages, showers and recreation times are often cancelled, and outside operators providing services to the prison may be turned away.1 The CCSP reported that at least 31 prisons were understaffed in 2022.
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. 5 (in French). ↩