Country

Belgium

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Prison Law (Basiswet van 12 januari 2005 betreffende het gevangeniswezen en de rechtspositie van de gedetineerden)Prisoners can complain about the prison governor’s decisions through the formal complaint procedure. Every prison has a complaint commission, since 1 October 2020, which deals with such complaints. This (local) complaint commission can propose to mediate, if necessary/feasible. The (local) complaint commission can annul the prison governor’s decisions and request the governor to take a new decision. Compensation for the prisoner is possible (with the exclusion of financial compensation). The procedure also foresees a right to appeal with the (central) appeal commission.
Code Criminal LawLike other citizens, prisoners can avail themselves of the (external) existing judicial mechanisms: For instance, when a prisoner is a victim of a crime, s/he can file a complaint and have his/her case dealt with through the criminal law court system.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2024No NPM established