Belgium weighs up sending foreign criminals to Estonia to alleviate prison overcrowding

Belgium weighs up sending foreign criminals to Estonia to alleviate prison overcrowding
A prison in Tallinn. Credit: Wikimedia Commons

The Federal Government is negotiating renting prison spaces in Estonia as it grapples with Belgium's prison overcrowding crisis.

Minister of Asylum and Migration Anneleen Van Bossuyt (N-VA) and Minister of Justice Annelies Verlinden (CD&V) visited the Estonian capital, Tallinn, this week to evaluate the viability of this model, which would target foreign nationals without legal residence in Belgium.

The ministers reportedly visited a prison there to inspect the facilities and speak to their Estonian counterparts about the proposal.

"Anyone staying illegally in our country and committing crimes has no future here," Van Bossuyt told Het Laatste Nieuws. "Returning to the country of origin remains the first option, but if that's not possible, we'll look at detention outside Belgium."

The plan is said to be inspired by a recent deal between Sweden and Estonia made in summer 2025, which secured around 400 prison cells for Sweden in Estonia. Approximately 600 prisoners have already been completed, according to HLN.

Prison overcrowding

Belgium is eager to replicate this example to alleviate the country's long-standing prison overcrowding crisis, while also deterring illegal migration. Recently, it even held talks with the Taliban – in coordination with the EU – to explore deporting undocumented Afghan criminals.

Belgium's prisons are at full capacity. With more than 13,000 inmates for just 11,000 places, the country has reached its highest level of overcrowding. In some jails, detainees now sleep on mattresses laid directly on the floor.

Belgium currently holds around 4,400 undocumented foreign prisoners, roughly one-third of its total inmate population. The government hopes that transferring even a portion of them abroad could ease pressure on its overstrained prisons.

Out of Sight, Not Out of Mind

Under the coalition agreement, the Belgian current government has to find facilities limited to European constitutional states where the rule of law is respected.

Prior research by the Belgian government viewed Estonia as having a sufficiently solid rule of law with high human rights standards, modernised justice system and newer infrastructure.

In October 2025, a delegation led by Verlinden and Van Bossuyt explored renting or constructing prisons in Albania and Kosovo to target Albanian nationals in Belgian prisons linked to organised crime. These two countries were the only non-EU countries to meet Belgian government criteria.

Justice Minister Annelies Verlinden (CD&V) and Migration Minister Anneleen Van Bossuyt (N-VA). Credit: Belga.

This scheme might however, face logistical and legal problems. A 2024 briefing by officials from the Central Authority for International Penal Cooperation suggests that at the time only about 255 prisoners would be legally transferable. Moreover, many foreign nationals hold residence permits while entering the penal system, but lose it when serving their sentence.

During an agreement between Denmark and Kosovo, Copenhagen rented 300 cells in Gjilan prison at the cost of €210 million for 10 years, but the implementation has been delayed until 2027 to meet Danish prison standards.

Belgium’s own agreement of renting cells in Dutch Tilburg between 2010 and 2016 was also scrapped due to high costs.

At home, Prime Minister Bart De Wever has previously proposed pardoning 1,300 inmates to combat prison overcrowding. Those on the prison waiting lists with less than 18 months to serve would be able to do so under electronic monitoring. The plan was rejected by Verlinden as she felt it would be insufficient.

A new proposal known as "royal electronic monitoring" by De Wever is similar, but targets those inmates already serving sentences. It will be discussed by the Belgian Parliament on Friday. However, the government itself admits the measure is just a stopgap, arguing structural change lies abroad – in Tallinn.

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