New Prevention Mechanism for Humane Treatment of Prisoners
Prisons, or other places of deprivation of liberty, are unfortunately environments particularly prone to human rights violations.
One of these absolute rights is that no one may be subjected to torture or to inhuman or degrading treatment or punishment. Human dignity must be guaranteed at all times.
Belgium is certainly not the best student in the European class when it comes to the welfare of its prisoners, but it recently took a step in the right direction.
Indeed, on March 28, 2024, the Federal Parliament approved a law creating a Prevention Mechanism within the Federal Institute of Human Rights (hereinafter FIRM). This law was published in the Belgian Official Gazette on May 3, 2024.
FIRM, as an independent public institution, monitors respect for human rights and seeks to ensure that the government complies with its international obligations.
For example, under the Prevention Mechanism, it will now make regular unannounced visits to places of deprivation of liberty that fall under federal jurisdiction. So, for example, they will not make visits to closed juvenile institutions, because those are regulated at the regional level.
As part of its new mission, FIRM will cooperate with the Central Supervisory Council for the Prison System and the Committee P, as well as the Myria Federal Migration Center, each of which will co-provide such visits to the institutions within their remit.
Therefore, under the new law, the targeted places of deprivation of liberty must allow free access to visitors.
Reports and recommendations will be published from those visits. In this regard, the goal is to identify and address structural risks of inhumane treatment.
Do you have questions about welfare in prison? If you are looking for a specialized lawyer you can contact us at info@bannister.be or by calling our phone number 03/369.28.00. Our criminal lawyers will be happy to assist you.
