Country

Belgium

Detention issue

Cell space

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Royal Decree of 14 September 2007 (Koninklijk besluit van 14 September 2007)Police cell - a cell designated for the detention of one person for the duration of 24 hours. This cell has to be a minimum of 4.5 m2 and should include an embedded bench of 200 cm by 90 cm with a blanket, mattress and drinking cup. In the event that detention is exceptionally extended beyond the initial 24 hours, then the cell space is required to be a minimum of 7 m2 and include an embedded table with seating.
Prison Law (Basiswet betreffende het gevangeniswezen en de rechtspositie van de gedetineerden)For regular prison cells, that are used for persons in pre-trial detention/remand and post-trial detainees, the cell has minimally the following floor surface: - 10 m2 (in case the cell is supposed to hold 1 prisoner), - 12 m2 (in case the cell is supposed to hold 2 prisoners), - 15 m2 (in case the cell is supposed to hold 3 prisoners), - 25 m2 (in case the cell is supposed to hold 4 prisoners), - 38 m2 (in case the cell is supposed to hold 5 or 6 prisoners), The height should be minimally and everywhere 2,5 m.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2018No NPM established.