Klacht Franks: VN veroordeelt inmenging Belgische regering

"Events when the police forces overreacted in maintaining public order were rare; the police were well-trained and experienced in coping with demonstrations. Brussels, for example, averaged seven public demonstrations per day, and several neighbouring countries had consulted Belgium for expert advice in dealing with such situations. During recent demonstrations over the war in Iraq, there had been some cases of police overreaction, the delegation said; but the situation had been unusual and complex."

En verder:
"It cited concern, among other things, at cases of the use of excessive force during demonstrations or the expulsion of foreigners; the fact that foreigners having lived in Belgium for many years, if they significantly disrupted public order, could be expelled from the country even though almost all of their connections were within the country; the possibility of prolonged detention of foreigners if they refused to accept repatriation and the possibility of placing unaccompanied foreign minors in detention for extended periods; the fact that under regulations on exercising universal competence in Belgium in relation to grave violations of international humanitarian law, the Minister of Justice was authorized in certain cases to take away from a Belgian judge cases brought before him; the lack of legislation sufficient to ensure the rights of persons subject to judicial or administrative arrest to have access to a lawyer immediately upon arrest, to be clearly informed of their rights, and to be examined by a doctor of their choice; the possibility of ordering the isolation of juvenile delinquents aged 12 and over for up to 17 days; and the ineffective functioning of administrative commissions and organs of internal control of prisons."

Conclusions and Recommendations on Initial Report of Belgium

Among positive developments in the country, the Committee noted Belgium's recognition of the competence of the Committee to receive inter-State and individual complaints under articles 21 and 22 of the Convention; introduction into the Belgian Penal Code of articles relating to torture and stipulating that the order of a superior could not justify torture or inhumane treatment; and the creation and subsequent expansion of the powers of the Standing Committee on the Control of Police Services.

It cited concern, among other things, at cases of the use of excessive force during demonstrations or the expulsion of foreigners; the fact that foreigners having lived in Belgium for many years, if they significantly disrupted public order, could be expelled from the country even though almost all of their connections were within the country; the possibility of prolonged detention of foreigners if they refused to accept repatriation and the possibility of placing unaccompanied foreign minors in detention for extended periods; the fact that under regulations on exercising universal competence in Belgium in relation to grave violations of international humanitarian law, the Minister of Justice was authorized in certain cases to take away from a Belgian judge cases brought before him; the lack of legislation sufficient to ensure the rights of persons subject to judicial or administrative arrest to have access to a lawyer immediately upon arrest, to be clearly informed of their rights, and to be examined by a doctor of their choice; the possibility of ordering the isolation of juvenile delinquents aged 12 and over for up to 17 days; and the ineffective functioning of administrative commissions and organs of internal control of prisons.

The Committee recommended, among other things, that Belgian authorities ensure that all elements of the definition of torture in article 1 of the Convention be included in the definition established in Belgian criminal law; that Belgium ensure that all officials committing acts of ill-treatment be liable to criminal charges, even if it was established they were acting on the orders of a superior; that it include in the Belgian Penal Code a clause expressly prohibiting the invocation of a state of emergency as justification for the violation of the right not to be submitted to torture; that it ensure that guidelines on the use of force in dealing with public demonstrations and expulsion of foreigners were in line with the guidelines of the Convention and that it proceed immediately with investigations of allegations of excessive use of force by public officials; that Belgium set a time limit for the detention of foreigners against whom an expulsion order was issued; and that it draft specific legislation on unaccompanied foreign minors that took into account the best interests of the child.

The Committee also recommended that Belgium ensure respect for the independence of Belgian jurisdiction from executive power concerning the exercise of universal competence on the matter of grave violations of international humanitarian law; that Belgium expressly guarantee the right of any person judicially or administratively detained to have access to a lawyer and a doctor of his choice immediately upon his arrest, and to inform his family immediately of his detention; that it modernize its prison law, in particular to define the judicial status of detainees and to clarify the prison disciplinary regime, and that it guarantee the right of prisoners to file complaints in an effective manner against disciplinary sanctions before an independent and rapidly accessible body; that it more effectively address the problem of violence between prisoners; that it ensure that the placement of minors in isolation was not done except in exceptional circumstances, and that such isolation be only for a limited time; that it improve the system of prison monitoring and consider allowing NGOs to visit prisons regularly and to meet with inmates; and that it clearly state in legislation that evidence obtained under torture was automatically inadmissible and must not be considered by the courts.

arch/ive/ief (2000 - 2005)