In 2005, Belgium signed the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. According to OPCAT article 3, States parties should set up, designate or maintain at domestic level one or several visiting bodies for the prevention of torture and other cruel, inhuman or degrading treatment or punishment (“National Preventive Mechanisms”).

The protocol to which Belgium adhered already entered into force in 2006. Belgium committed to developing a mechanism for preventive surveillance of persons deprived of their liberty who are in so-called places of deprivation of liberty. At the federal level, these include prisons, police cells and detention centers for migrants. But the practical implementation took a long time to materialise.

The Council of Ministers just approved a bill from Minister of Justice Vincent Van Quickenborne in this matter. The bill places the authority with the Federal Institute for the Protection and Promotion of Human Rights (FIRM/IFDH), which was established in 2019. It is mandated to examine the situation of persons deprived of their liberty at regular intervals through preventive visits, to formulate recommendations to the competent authorities and to formulate proposals for legislation and its compatibility with international standards.

To this end, the FIRM/IFDH will cooperate with the specialized institutions that already exercise a certain form of supervision. The FIRM/IFDH will cooperate with Myria with regard to detention centers for foreigners.

For further information on the Federal Institute for the Protection and Promotion of Human Rights (FIRM), please visit this website.