Belgian State, human rights, detention conditions, European Convention on Human Rights, Article 3, Article 41, damages, preventive detention, prison overcrowding
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Abstract
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Abstract
The Belgian State was held liable for violating human rights due to inadequate detention conditions and ordered to pay damages.
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[...] Consequences for the State In accordance with Article 41 of the European Convention on Human Rights, the State was ordered to pay damages on the one hand and costs and expenses on the other hand. Therefore, it must pay within three months 3,480 euros and taxes for moral damages. The responsibility for the respect of physical and psychological integrity JEANTY v. Belgium Introduction The decision submitted for our consideration concerns the application lodged by Mr. Philippe Jeanty on 20 November 2017. The said application is directed against the Kingdom of Belgium. In his application, Mr. Jeanty reports on the treatment he received during his detention. [...]
[...] The applicant has therefore proved that he met all the conditions for benefiting from compensation. Responsibility of the State According to the laws and regulations, when a judicial authority exceeds the investigation deadline or when the pre-trial period is not reasonable, the citizen automatically falls into prolonged preventive detention. A compensation is therefore due to the people who are kept under the yoke of justice awaiting trial despite the presumption of innocence. This procedure is provided for in the penal procedure code and authorizes the justice system under certain conditions. [...]
[...] Condemnation of the State The Belgian State was condemned and forced to adopt appropriate measures to combat prison overcrowding. Among these measures are, for example: the establishment of a system of appeals within prisons, the entry into force of the laws of 17 May 2016 and 12 January 2005 on the status of detainees and many other measures. Responsibility without fault for preventive detention Introduction On December Karim Ahalouch, involved in the case related to the terrorist cell of Verviers, was acquitted of all charges brought against him by the public prosecutor's office. [...]
[...] - Article 41 of the Convention In view of the moral damages suffered by the victim and materializing in the detention conditions that were inadequate with regard to Mr. JEANTY's state, the Court ordered the state to pay damages under Article 1382 of the Civil Code. This amount was fixed taking into account the moral suffering and distress resulting from the ill-treatment he suffered. Consequences for the State In accordance with Article 41 of the European Convention on Human Rights, the State was required to pay damages on the one hand and costs and expenses on the other hand. [...]
[...] Condemnation of the State The compensation is set in equity taking into account the private (such as pharmaceutical and medical costs, financial resources, behavior, repercussions of incarceration, etc.) and public (such as the need for instruction, functioning of justice, state of public finances, etc.) circumstances of interest. It does not aim to repair the entire damage claimed. [...]
