Proposition 54K3192

Projet de loi portant assentiment au Protocole facultatif se rapportant à la Convention contre la torture et autres peines ou traitements cruels, inhumains ou dégradants, adopté à New York le 18 décembre 2002.

General information ¶

Submitted by

MR Swedish coalition

Submission date

June 21, 2018

Official page

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Status

Adopted

Requirement

Simple

Subjects

foreign policy torture international agreement human rights

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP DéFI ∉ Open Vld N-VA MR PVDA | PTB PP VB

Contact form ¶

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Discussion ¶

July 18, 2018 | Plenary session (Chamber of representatives)

Full source

This is a consensual text, which has not been discussed. I have one question that I forgot to ask you. I take the opportunity to put it here.

Article 3 of the Protocol provides that each State Party shall establish, designate or administer, at national level, one or more visitor bodies to prevent torture and other cruel, inhuman or degrading treatment or punishment.

I have a question about the national mechanism that will be established in Belgium. To my knowledge – contradict me if I am wrong – the government has not yet implemented this national mechanism which, in the spirit of the treaty to which we agree today, must apply to all places of detention. Absolutely all of us!

Article 24 of the Treaty of New York provides that the State that has ratified the treaty has the right to postpone the implementation of the treaty by three years. The statement of reasons commented on this provision without indicating the use that the government could make of this three-year reporting power.

Do you plan to implement it now or in three years? Will you apply Article 24? What about this system in Belgium?

The fourth law of your colleague Geens, which was passed a year or two ago, provides for the transfer of the prison surveillance system from SPF Justice to the Federal Parliament. It is expected to enter into force on 9 January 2019 – soon. But it is only the control of the prisons. What about closed centers for foreigners, IPPJs, transit zones of national airports and police stations? How do you implement Article 3 of the Convention? When is ? Are there any exceptions?

Mr. Speaker, Mr. Hellings, I can confirm that the Minister of Justice is working on the establishment of this mechanism. The problems that arise actually relate to the scope of this mechanism, which must apply to all detention centers, including centers of other levels of power. This should in some way be an interfederal mechanism.

For my part, I had the opportunity to receive, in particular, the federal mediators and those of the Communities, who could eventually play a role. Therefore, you will have to choose between the different existing tools or the creation of a new tool. Work is ongoing in the Justice Department. You will ⁇ have the opportunity to return to the Justice Committee with the Minister in charge of the case.

The intention is not, for now, to postpone the application but rather to continue the implementation. The debate is mainly about this capacity to cover all places of detention. You have mentioned a number of them, but the IPPJs are also part of them as a series of others.

Mr. Minister, I take note of the goodwill of the Government and the Minister of Foreign Affairs in particular. From your response, Mr. Minister, I infer that you will not apply Article 24 of the Convention, which we are about to ratify right now. In any case, you will have all the votes of the Ecolo-Groen Group when voting on this additional protocol.