Country

Belgium

Detention issue

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. However, for the existing police custody accommodation there’s a period of 20 years to adapt to the standards set out in the Royal Decree.
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.
Royal Decree of 14 September 2007 (Koninklijk besluit van 14 September 2007)For persons in police custody: - the level of lighting should be sufficient to allow permanent (electronic) supervision and to allow reading and writing; - ventilation should allow refreshing air with a minimum of 30 m3 per hour; - heating should, during the use of the place of detention, guarantee a temperature of minimally 18° celsius. However, for the existing police custody accommodation there’s a period of 20 years to adapt to the standards set out in the Royal Decree of 14 September 2007.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2018No NPM established.
2024There are no NPM reports available as Belgium has still not ratified OPCAT.