Visit prisons reveals harrowing conditions and structural problems
The ongoing crisis in Belgium's prisons is once again causing unrest among prison staff. Unions complain of structural problems such as overcrowding, unsafe working conditions and a chronic shortage of resources and staff. During a national action, staff officials noted during recent visitations that the rights and dignity of detainees are under pressure, Advocaat.be compiles and highlights these findings.
The strength of a rule of law is determined by how it treats its most vulnerable, and by deprivation of liberty, detainees fall into that category.
Substandard infrastructure
The reports unfortunately confirm what has already been repeatedly revealed in the media, namely that detention conditions in many institutions are inadequate. Infrastructure is outdated and capacity shortages lead to inadequate accommodation. Buildings are sometimes literally propped up, on-call systems remain faulty for months. Without major renovation works, closure is sometimes the only way out. Detainees often stay with several people in rooms originally intended for one person, up to three people in 10 m2. This very seriously affects privacy and freedom of movement, which in turn more quickly leads to emotional tension, physical discomfort and aggression.
In addition, the state of the buildings has a direct impact on the health and well-being of detainees. Problems such as moisture problems, vermin, absence of hot water and windows that no longer close persist. Moreover, medical care also falls short in many prisons. Prisoners often have to wait a long time for doctor visits and necessary treatment, which can have serious consequences for their health. Psychiatric care is substandard in many institutions, when that is often where the need is greatest. Some prisons lack sufficient medical staff, so that even basic care is not always guaranteed.
Impact on legal aid and due process
Access to legal aid is also hampered in certain prisons by current conditions. In several institutions, there are insufficient suitable consultation rooms for confidential conversations between lawyers and clients. One report even reported that passers-by see who is talking to whom and can sometimes catch snippets of a conversation there. Moreover, staff shortages make it difficult to follow up files smoothly. These conditions put pressure on the right to a fair defence.
Due process begins with an environment where confidential conversations are possible, regardless of location. This is a basic fundamental right.
Good practices as inspiration
Despite the structural problems, there are also hopeful initiatives that show that a humane prison policy is possible. For instance, some prisons put in place group activities and therapy to prepare internees for reintegration into society. There is also sometimes a computer lab for training and sometimes various service providers such as VDAB and CGG are present to guide prisoners.
Need for decisive policy
The recent strikes underline that both inmates and prison staff are suffering under the current conditions. Advocaat.be calls on policymakers to take the recommendations of the visitation report to heart and take concrete measures for a more humane and effective prison policy.
The punishment consists of the deprivation of liberty not the inhumane conditions of confinement."
Monitoring and signalling
Staffers have the right, introduced in 2024, to visit prisons within their jurisdiction without prior permission from the justice minister. During those visits, they had permission to enter inhabited cells and speak to detainees. Thus, they gathered the above insights about detention conditions. Those observations reinforce the signals from individual lawyers and prison staff and contribute to better protection of detainees' fundamental rights. The visits, which were conducted in complete independence, mark an important step in monitoring detention conditions and will take place regularly. Advocate.be compiled the findings.
Or consult the summary of the report by province
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National action: Presidents of the Bar Associations carry out surveillance in all Belgian prisons
To mark European Human Rights Day, all Belgian Presidents of the Bar Associations are exercising their new legal visitation right, which since this year has allowed them to visit prisons within their jurisdiction. Every President of a Bar Associations in Belgium is visiting one of the prisons today. This national action underlines the seriousness of the situation in Belgian prisons, where overcrowding and a lack of basic facilities threaten the fundamental rights of detainees.
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