Prisoner's rights in prison
Recently, an article entitled: "The cell is hell, especially in Saint-Gilles: Prison makes people sick". Following this article, our criminal law specialists explain the legal framework regarding the rights of inmates in prisons.
Since the January 12, 2005 law on the prison system and the legal status of detainees, the Belgian legislature has taken steps to regulate and legally enshrine rights in a structured manner. Colloquially, this 'the Internal Legal Status Act' called. Before this law was introduced, there was a system of favors rather than actual enforceable rights. However, human rights do not stop inside prison walls. The rights of inmates should be respected even in prison.
The Internal Legal Status Act came about on the basis of international standards. As an example, reference can be made to European prison regulations and the case law of the European Court of Human Rights.
The basic principles of this law consist of humane detention, limit detention damage, ensure order & security and legal status. For the convicted, a resocialization and recovery to the victimr front.
Every inmate entering the prison should be comprehensively informed of his rights and duties. Furthermore, the inmate is given info about medical, psychological, legal and social assistance. Within 24 hours of arrival, there is an interview with the prison director. He will give the brochure with general information about the prison. Furthermore, within the same 24 hours, the prisoner is examined by a doctor and an interview is held with a member of the psychosocial service.
Much ink has already been spilled in Belgium about prison living conditions. In early 2019, the Belgian legislature determined the basic conditions through a Royal Decree. A transitional period of 20 years has been set for this. By 2039, every cell must meet certain conditions. The minimum size of a cell must be by then 10 square meters. Subsequently, standards were set regarding lighting, ventilation, sanitary facilities, maintenance of cells and areas for communal activities.
The Internal Legal Status Act has legislated a number of very practical matters. These include that each detainee is allowed to wear his own clothing and footwear. In addition, sufficient food, which meets the standards of modern hygiene, must be provided for the detainee. If necessary, it should be adapted to the requirements of his health condition. A detainee must be able to exercise for at least two hours a week, as well as go for a walk or other outdoor recreational activity of at least one hour every day.
With the Internal Legal Status Act, Belgium has taken important steps for more humane detention. Now to put it fully into practice is the next step.
Questions about an inmate's rights? Don't get stuck with them and contact us !
