Belgium - Cell space

Country

BelgiumBelgium

Detention issue

Cell space

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Royal Decree Confinement (Koninklijk besluit van 14 september 2007 betreffende de minimumnormen, de inplanting en de aanwending van de door de politiediensten gebruikte opsluitingsplaatsen) 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. Holding cell - a cell designated for the detention of one person for the duration of three hours. A holding cell should be a minimum of 4 m2 and should include an embedded seat. A minor who is detained by the police must be put in a special surveillance room of minimum 5 m2. According to the Directorate-General Penitentiary Establishments the customary cell space is 9 m2 for individual cells.
Prison Law (Basiswet betreffende het gevangeniswezen en de rechtspositie van de gedetineerden) Prisoners are allowed to furnish their cells as they see fit, as long as they respect the rules and regulations of the internal prison rules.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2018 No NPM established Report details