CAT/C/CR/30/6
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(b)
The adoption on 14 June 2002 of the Act bringing Belgian law into line with the
Convention and introducing in the Penal Code articles on torture and inhuman or degrading
treatment, stating that an order by a superior cannot justify the offences of torture or inhuman
treatment;
(c)
The adoption on 18 July 2001 of an article in the Code of Penal Procedure
recognizing the competence of Belgian courts to try offences committed outside Belgium which
are covered by an international convention which is binding on Belgium;
(d)
The establishment in 1991 of the Standing Committee on the Supervision of the
Police Services (P Committee), under parliamentary authority, and the subsequent strengthening
of its powers;
(e)
The repeal in 1999 of article 53 of the Act of 8 April 1965 allowing minors to be
placed in detention centres for a period of not more than 15 days, and the efforts being made by
the Flemish and French Communities to solve problems of overcrowding in specialized
establishments for juvenile delinquents.
C. Subjects of concern
5.
The Committee is concerned about:
(a)
The lack of explanations concerning the concept of a “manifestly unlawful order”
and the fact that an official having subjected a person to degrading treatment may be relieved of
criminal responsibility under article 70 of the Penal Code if he or she was following the order of
a superior;
(b)
The lack of a legal provision clearly prohibiting the invocation of a state of
necessity as a justification of torture;
(c)
Cases of the excessive use of force during public demonstrations and expulsions
of foreigners;
(d)
The fact that foreigners who have been resident in Belgium for a long time, but
who have disturbed public order or endangered national security, may be expelled from the
territory, even though most of their ties and attachments are in Belgium;
(e)
The non-suspensive nature of appeals filed with the Council of State by persons in
respect of whom an expulsion order has been issued. The Committee is also concerned about the
administration’s delay in implementing ministerial orders issued in 2002 and giving suspensive
effect to emergency remedies applied for by rejected asylum-seekers;
(f)
The possibility of extending the detention of foreigners for as long as they do not
cooperate in their repatriation, the possibility of placing unaccompanied minors in detention for
lengthy periods, and information that asylum-seekers who have been formally released have
been transferred to the transit area of the national airport, without assistance and without being
allowed to leave;