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BELGIUM PRESENTS REPORT TO HUMAN RIGHTS COMMITTEE
22 October 1998
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MORNING
HR/CT/98/31
22 October 1998
The Human Rights Ccommittee this morning started its consideration of a report from the Government of Belgium on its efforts to implement the provisions of the International Covenant on Civil and Political Rights.
C. Debrulle, Director-General, Administration of Criminal Legislation and Human Rights in the Ministry of Justice of Belgium, introduced the report and said that the Government had adopted a series of measures aimed at improving the public justice system to render equitable justice to all.
In the course of their consideration of the report, several Committee members cited numerous cases of police brutality, including an incident that occurred in Somalia involving Belgian soldiers. The recent death of Semira Adamu, a Nigerian asylum seeker, while being expelled from the country, was largely commented on by Committee experts. The delegation of Belgium told members of the Committee that the case of Ms. Adamu was under serious investigation to find out who was responsible for her death.
The Belgian delegation also included J.M. Noirfalisse, Permanent Representative of Belgium to the United Nations Office at Geneva; M. Fostier, Deputy Permanent Representative; S. Janssen, Member of the Cabinet of the Minister of Interior; and S. Vermeulen, Deputy Counsellor at the Ministry of Justice.
As one of 140 States parties to the Covenant, Belgium is obliged to submit periodic reports to the Committee on measures undertaken to implement the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it will end its consideration of the Belgian report and offer its preliminary conclusions and observations.
Report of Belgium
The third periodic report of Belgium (CCPR/R/94/Add.3) reviews the legislative and administrative measures undertaken by the Government of Belgium to give effect to the International Covenant on Civil and Political Rights. The report says that the Covenant is an integral part of the Belgian legal system. The provisions of the Covenant can be invoked before national courts, which apply them where they are directly applicable. In the event of conflict with a rule of domestic law, the directly applicable rule in the Convention prevails over the domestic rule.
The report says that the Belgian courts, both ordinary and administrative, have generally accepted the direct applicability of the Covenant and apply its provisions more or less automatically, without even first establishing whether the provision in question is in fact directly applicable. However, the non-applicability of an article of the Covenant results, not from its lacking direct applicability, but from differing interpretation thereof by the litigant and the court.
Furthermore, the report says that legal decisions continued to follow a trend that had already become apparent: to invoke not only the applicable provisions of the Covenant, but also the corresponding provisions of the European Convention on Human Rights.
Introduction of Belgian Report
C. DEBRULLE, Director-General, Administration of Criminal Legislation and of Human Rights at the Ministry of Justice of Belgium, said that his country had been making efforts to strengthen its judicial system in order to comply with the Covenant.
The dramatic event that took place in Belgium in the judicial system two years ago had prompted the Government to reinforce its judicial functions by introducing additional laws in that regard, Mr. Debrulle went on to state. The independence of the judiciary was strengthened by increasing the cohesion of the system and by defining its relations with other governmental organs. More magistrates were added to the judiciary in order to increase the efficiency of the system.
Mr. Debrulle further said that the competence of the judiciary was also strengthened through the adoption of norms practised in the European Union and by extending its cooperation with Member States of the Union. The Ministry of Justice had also adopted a series of measures aimed at improving the public justice system and rendering equitable justice to all.
The strengthening of the judiciary system was also aimed at defining the role of the police and the investigating judge in handling cases and assisting them in effectively accomplishing their tasks. A dysfunction of the judicial system was also avoided with the introduction of new methods and the increase in the number of magistrates in the judicial system.
Discussion of Belgian Report
In response to written questions prepared by Committee members in advance, the Belgian delegation said that the Government was endeavouring to improve its overcrowded prison population through various judicial and administrative measures. Several initiatives were already adopted to ease the situation of inmates by increasing the capacity of prisons.
With regard to juvenile prisoners, the Government had created convenable conditions, the delegation said, adding that in recent years, the General Regulations for Prison Establishments had been amended or expanded in several respects. The main amendments concerning the legal status of prisoners related to release on parole and high-security wings.
In order to guarantee every individual the right to sound administration of justice, the Government had adopted the Act of 11 July 1994 on police courts and the acceleration and modernization of the criminal justice system. The principal aim of the part of the Act dealing with the judicial backlog in the courts of appeal concerned the overwhelming cases relating to traffic accidents. Henceforth, all road traffic offenses would be tried by the police courts, as well all compensation proceedings in cases of harm resulting from a traffic accidents.
A question was put regarding the death of Semira Adamu, a Nigerian asylum seeker, in the course of her forced expulsion in September 1998, to which the delegation said that following her death, drastic political and judicial measures had been taken to investigate the case. Ms. Adamu died after she was asphyxiated while being silenced with the use of a pillow by the policemen warranted to expel her from the territory. Although the Minister of Internal Affairs had resigned immediately, the reasons that had led to the death were still under investigation by the Procurator-General of the country. The delegation said that any expulsion was preceded by a court decision and eventually by an appeal made to a higher court or to the Conseil d'Etat.
Regarding detention, treatment of prisoners and right to a fair trial, the delegation said that the Government had taken measures aimed at improving the overcrowding of prisons by introducing a new prison administration. Additional prison infrastructures were built to render the prison conditions more humane. Any prisoner had the right to contact his or her lawyer any time either by telephone or writing. The Government had introduced alternative prison terms either through community service or suspended prison terms. In addition, electronic monitoring of prisoners was also introduced for inmates who were freed but had not yet completed their prison terms.
Concerning the principles of a fair trial and public hearing by a competent, independent and impartial tribunal, the delegation said that an extensive and well-established body of practice had developed, particularly following the implementation of a number of judgements of the European Court of Human Rights. Application of the principle of presumption of innocence also gave rise to many cases, added the delegation.
Committee members said that police brutality had been widespread in Belgium causing damages to individuals as witnessed in the death of Ms. Adamu. An expert said that rough behaviour of police officers had also been reported by various organs, including brutality within detention places. The strange behaviour of Belgian soldiers in Somalia was also to be recalled, the expert said, adding that such attitudes could absolutely convince anyone that there was something wrong going on in Belgium despite the Government's efforts to reorganize the country. The expert asked about the investigation procedures relating to complaints of violence by police officers. Who was immediately in charge when complaints were filed? Did police officers receive education on how to treat citizens?
Other experts also put questions on such issues as the Belgian soldiers in Somalia and the outcome of the investigation of the incident which occurred involving the soldiers; pretrial detention; grounds for deportation; and further clarification on the death of Ms. Adamu.
HR/CT/98/31
22 October 1998
The Human Rights Ccommittee this morning started its consideration of a report from the Government of Belgium on its efforts to implement the provisions of the International Covenant on Civil and Political Rights.
C. Debrulle, Director-General, Administration of Criminal Legislation and Human Rights in the Ministry of Justice of Belgium, introduced the report and said that the Government had adopted a series of measures aimed at improving the public justice system to render equitable justice to all.
In the course of their consideration of the report, several Committee members cited numerous cases of police brutality, including an incident that occurred in Somalia involving Belgian soldiers. The recent death of Semira Adamu, a Nigerian asylum seeker, while being expelled from the country, was largely commented on by Committee experts. The delegation of Belgium told members of the Committee that the case of Ms. Adamu was under serious investigation to find out who was responsible for her death.
The Belgian delegation also included J.M. Noirfalisse, Permanent Representative of Belgium to the United Nations Office at Geneva; M. Fostier, Deputy Permanent Representative; S. Janssen, Member of the Cabinet of the Minister of Interior; and S. Vermeulen, Deputy Counsellor at the Ministry of Justice.
As one of 140 States parties to the Covenant, Belgium is obliged to submit periodic reports to the Committee on measures undertaken to implement the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it will end its consideration of the Belgian report and offer its preliminary conclusions and observations.
Report of Belgium
The third periodic report of Belgium (CCPR/R/94/Add.3) reviews the legislative and administrative measures undertaken by the Government of Belgium to give effect to the International Covenant on Civil and Political Rights. The report says that the Covenant is an integral part of the Belgian legal system. The provisions of the Covenant can be invoked before national courts, which apply them where they are directly applicable. In the event of conflict with a rule of domestic law, the directly applicable rule in the Convention prevails over the domestic rule.
The report says that the Belgian courts, both ordinary and administrative, have generally accepted the direct applicability of the Covenant and apply its provisions more or less automatically, without even first establishing whether the provision in question is in fact directly applicable. However, the non-applicability of an article of the Covenant results, not from its lacking direct applicability, but from differing interpretation thereof by the litigant and the court.
Furthermore, the report says that legal decisions continued to follow a trend that had already become apparent: to invoke not only the applicable provisions of the Covenant, but also the corresponding provisions of the European Convention on Human Rights.
Introduction of Belgian Report
C. DEBRULLE, Director-General, Administration of Criminal Legislation and of Human Rights at the Ministry of Justice of Belgium, said that his country had been making efforts to strengthen its judicial system in order to comply with the Covenant.
The dramatic event that took place in Belgium in the judicial system two years ago had prompted the Government to reinforce its judicial functions by introducing additional laws in that regard, Mr. Debrulle went on to state. The independence of the judiciary was strengthened by increasing the cohesion of the system and by defining its relations with other governmental organs. More magistrates were added to the judiciary in order to increase the efficiency of the system.
Mr. Debrulle further said that the competence of the judiciary was also strengthened through the adoption of norms practised in the European Union and by extending its cooperation with Member States of the Union. The Ministry of Justice had also adopted a series of measures aimed at improving the public justice system and rendering equitable justice to all.
The strengthening of the judiciary system was also aimed at defining the role of the police and the investigating judge in handling cases and assisting them in effectively accomplishing their tasks. A dysfunction of the judicial system was also avoided with the introduction of new methods and the increase in the number of magistrates in the judicial system.
Discussion of Belgian Report
In response to written questions prepared by Committee members in advance, the Belgian delegation said that the Government was endeavouring to improve its overcrowded prison population through various judicial and administrative measures. Several initiatives were already adopted to ease the situation of inmates by increasing the capacity of prisons.
With regard to juvenile prisoners, the Government had created convenable conditions, the delegation said, adding that in recent years, the General Regulations for Prison Establishments had been amended or expanded in several respects. The main amendments concerning the legal status of prisoners related to release on parole and high-security wings.
In order to guarantee every individual the right to sound administration of justice, the Government had adopted the Act of 11 July 1994 on police courts and the acceleration and modernization of the criminal justice system. The principal aim of the part of the Act dealing with the judicial backlog in the courts of appeal concerned the overwhelming cases relating to traffic accidents. Henceforth, all road traffic offenses would be tried by the police courts, as well all compensation proceedings in cases of harm resulting from a traffic accidents.
A question was put regarding the death of Semira Adamu, a Nigerian asylum seeker, in the course of her forced expulsion in September 1998, to which the delegation said that following her death, drastic political and judicial measures had been taken to investigate the case. Ms. Adamu died after she was asphyxiated while being silenced with the use of a pillow by the policemen warranted to expel her from the territory. Although the Minister of Internal Affairs had resigned immediately, the reasons that had led to the death were still under investigation by the Procurator-General of the country. The delegation said that any expulsion was preceded by a court decision and eventually by an appeal made to a higher court or to the Conseil d'Etat.
Regarding detention, treatment of prisoners and right to a fair trial, the delegation said that the Government had taken measures aimed at improving the overcrowding of prisons by introducing a new prison administration. Additional prison infrastructures were built to render the prison conditions more humane. Any prisoner had the right to contact his or her lawyer any time either by telephone or writing. The Government had introduced alternative prison terms either through community service or suspended prison terms. In addition, electronic monitoring of prisoners was also introduced for inmates who were freed but had not yet completed their prison terms.
Concerning the principles of a fair trial and public hearing by a competent, independent and impartial tribunal, the delegation said that an extensive and well-established body of practice had developed, particularly following the implementation of a number of judgements of the European Court of Human Rights. Application of the principle of presumption of innocence also gave rise to many cases, added the delegation.
Committee members said that police brutality had been widespread in Belgium causing damages to individuals as witnessed in the death of Ms. Adamu. An expert said that rough behaviour of police officers had also been reported by various organs, including brutality within detention places. The strange behaviour of Belgian soldiers in Somalia was also to be recalled, the expert said, adding that such attitudes could absolutely convince anyone that there was something wrong going on in Belgium despite the Government's efforts to reorganize the country. The expert asked about the investigation procedures relating to complaints of violence by police officers. Who was immediately in charge when complaints were filed? Did police officers receive education on how to treat citizens?
Other experts also put questions on such issues as the Belgian soldiers in Somalia and the outcome of the investigation of the incident which occurred involving the soldiers; pretrial detention; grounds for deportation; and further clarification on the death of Ms. Adamu.