Belgium

Status

Belgium signed the OPCAT in October 2005 and undertook several years of discussion on ratification and possible NPM structure.

On 28 March 2024, a law was adopted that designates the Federal Institute for the protection and promotion of Human Rights (FIRM-IFDH) as the prevention mechanism at the federal level. FIRM-IFDH is an independent public institution that monitors respect for human rights in Belgium. It will closely collaborate with existing institutions with a visiting mandate (the Central prison monitoring Council, Myria – the Federal Migration Centre and the Standing Police Monitoring Committee), who will carry out most monitoring visits. Places of deprivation of liberty not covered by the mandate of these institutions, will be visited by FIRM-IFDH. Joint visits are also possible. Based on these visits, the NPM will publish (thematic) reports and make recommendations to competent authorities. It may also formulate advisory opinions and comments on existing or draft legislation and will prepare an annual report to be made public.

The mandate of the prevention mechanism will be limited to places of deprivation of liberty falling under the federal competences., such as prisons, detention centres for foreigners, and police cells. As such, places of deprivation of liberty that fall under the competences of the federated entities (e.g., closed juvenile institutions, elderly homes) or under mixed competences (e.g. some forensic psychiatric centres) will not be covered by the federal prevention mechanism.

To comply with the requirements of the OPCAT, the federated entities also need to designate a prevention mechanism for those places of deprivation of liberty that fall under their respective competences.