Proposition 53K1541

Projet de loi modifiant la loi du 17 avril 1878 contenant le Titre préliminaire du Code de procédure pénale en ce qui concerne la poursuite de certaines infractions commises à l'étranger.

General information ¶

Authors

N-VA Sophie De Wit, Sarah Smeyers
Open Vld Sabien Lahaye-Battheu, Carina Van Cauter

Submission date

June 1, 2011

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

legal process offence criminal procedure residence

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP ∉ Open Vld N-VA LDD MR VB

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Discussion ¶

Nov. 17, 2011 | Plenary session (Chamber of representatives)

Full source

There are two rapporteurs: Mr Terwingen and Mrs Becq.

I will present a brief report on behalf of the two rapporteurs. We agreed this together. The proposal was formulated by Mrs. De Wit and Mrs. Smeyers of the N-VA group and was signed by the Open Vld group. The urgency was requested and obtained.

The proposal amends the Code of Criminal Procedure concerning the prosecution of certain crimes committed abroad. We dedicated several meetings to it and we held an extensive hearing with, among others, the federal prosecutor, the lawyers-general, representatives of the College of prosecutors-general, a professor emeritus of international law.

We also received written advice. In short, there has been an extensive consultation, which eventually led to a number of amendments.

What is the bill on? It amends Article 12 of the relevant title of the Code of Criminal Procedure, in particular where it concerns the prosecution of “terrorist or certain serious crimes” of which the defendant can be prosecuted until now only if he is found in Belgium. We are therefore dependent on the policy of prosecution of the country where the suspect is effectively found before prosecution can be undertaken.

As this creates a number of difficulties, in particular for two categories of crimes – terrorist crimes and serious violent crimes – it aims to address the demand of especially victims for effective prosecution, even when the suspect is not found in Belgium.

The proposal was unanimously adopted by the Chamber Committee, to the extent of my report.

I would also like to say in two words that our CD&V group supports this proposal, in particular because two issues were raised during the hearing. Victims have so far collided on a judicial wall when they wanted information about victim relief. They did not know if there was persecution, and more like that. The victims also got the feeling of impunity because Belgium could not act effectively. That is why our group supports this proposal.

Mr. Speaker, dear colleagues, we can be pleased to provide a new way for victims of serious crimes committed abroad to be better protected and recognized.

The PS group, of course, took part in this effort, while having the heart not to extend the prosecution possibilities to all offenses, as Mr. advocated. Dive, Head of International Humanitarian Law Service at SPF Justice, whom we audited. Indeed, it was appropriate to focus, as my colleague just said, on the most serious crimes, such as terrorist crimes or those related to violations of international humanitarian law. Families of victims will now be able to file a complaint when one of their relatives is a victim of serious offences abroad with a King’s prosecutor, even if he returns the case to the federal prosecutor’s office.

This extension will also allow for default judgments to be pronounced, thus giving a response to the pain of the victims at least judicial. However, it was necessary to take care not to overload the courts of assises, competent in matters of international law. The Minister confirmed that this fear was unfounded.

In this case that saw no ideological currents, we can be congratulated that our parliament can work quickly and well on a parliamentary initiative. The proposal was presented, hearings were conducted, a final opinion was requested following a doubt and this proposal was voted in six committee sessions. May we, in the future, be inspired by it, without confusing speed and precipitation!

Mr. Speaker, colleagues, in view of the hearings, in view of the very thorough debates, although sometimes somewhat technical, in the committee, in view of the constructive and rapid cooperation in the committee as just cited by colleague Özen and in view of the unanimous approval for which I immediately express my sincere thanks to everyone, I will be very brief. However, I would like to highlight the importance of this small but important legislative change.

Per ⁇ you have all recently learned about the striking story of the Lema family. Joeri Lema, 34, was brutally murdered in 2003 in Ecuador where he was traveling. He was brutally murdered for the sake of his property. He was just thrown into the river. Fortunately there were witnesses and there were pictures of the perpetrators. Then one would think that something could happen, but nothing was less true. In Ecuador, Justice did nothing, despite the fact that the perpetrators were known. There was no interference, no investigation and no prosecution. The Belgian Judiciary could also do nothing, because our legislation had a condition in the previous title of the Code of Criminal Procedure that in such acts committed abroad on Belgians, the perpetrators must also be found in Belgium. That was not the case. What one could mostly do was put some pressure, but not make investigative acts and not issue an arrest warrant.

That pressure has helped in the case of the Lema family. Now in 2011, very recently, eight years later, there has been action in Ecuador. It ⁇ should not have lasted so long.

The law presented here today brings a change in that. The condition that the perpetrators must also be found in Belgium expires for such serious acts. This legislation allows the Belgian Judiciary to intervene if the foreign Judiciary does not. It involves a small technical intervention with a limited budgetary impact, but with a very large impact on the family of victims such as the Lema family, but also many others. After all, there are other cases that have not yet been resolved and there has not yet been a prosecution. They are no longer dependent on the goodwill of the foreign country and do not have to wait eight more years for action, while the perpetrators are known.

The committee discussions clearly showed that all members, across party boundaries, realized the importance of this small change. Once again, I thank all parties for their constructive cooperation and for the approval of this bill.

Mr. Speaker, colleagues, I don’t want to imagine the situation of parents who are told that their child was murdered abroad or was the victim of a terrorist attack and then remain without news for a day, five days, a week, several weeks, months and often years. In addition, those parents and family members must establish that no judicial action is underway and that society as such remains indifferent to what happened to their child or family member. The feeling of impunity and total disinterest of society is, in my opinion, completely unbearable for the relatives.

During the hearings, not only was the usefulness of establishing a federal prosecutor’s office demonstrated. Furthermore, in recent years, they have been very active in finding that such serious crimes are committed abroad in Belgium. We must note that by initiating an investigation they can very often provide useful information to the survivors. Moreover, through their actions, they very often cause the criminal investigation to eventually get the necessary acceleration so that the perpetrators can be caught and punished.

Mr. Speaker, colleagues, in some, although exceptional cases, there is a manifest denial of law abroad or there are simply insufficient resources available to bring the criminal investigation to a successful conclusion. It is precisely in such situations that this bill provides an answer so that the perpetrators can also be traced, prosecuted and tried in Belgium. This is the closing point that strengthens the credibility of the operation of our police and our Justice. That is also why our group has endorsed this bill and will adopt it today.