More than one in three people in Belgian prisons are pre-trial detainees – locked up awaiting a verdict on their case and contributing substantially to the country's chronic prison overcrowding.
Despite opening new "prisons of the future" and implementing measures to combat overcrowding of cells such as reducing sentences, Belgium's penitentiary system continues to be among the most overcrowded in Europe. The chronic lack of capacity in Belgian prisons has sometimes resulted in such poor conditions as people sleeping on cell floors.
Nationwide, there is an overcrowding of at least 10% across all prisons. For every 100 places, there are 115 inmates in prison, meaning the country far surpasses the benchmark indicator of severe overcrowding (105 inmates per 100 places).
As a result, daily activities such as exercising, receiving visitors, walking outdoors or showering are severely reduced, greatly impacting the rehabilitation of inmates.
Drug war puts more behind bars
Figures requested by Sophie De Wit (N-VA) from Justice Minister Vincent Van Quickenborne showed that a major factor in overcrowding is pre-trial detainees: prisoners who are incarcerated whilst awaiting a verdict on their case.
More than one in three (36%) prisoners find themselves in that situation, reported De Standaard. With this figure, Belgium once again finds itself above the European average (29%).
Though aware of the issue, the Ministry of Justice explained that the high number of people in pre-trial detention has a lot to do with successes in the fight against the drug mafia, particularly as a result of the Sky ECC operation. In the two years since this case erupted, files are pending against almost 3,000 people.
These suspects of organised crime, many of whom have been arrested in recent years and months, are more likely to be placed in pre-trial detention than some other profiles.
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Yet the success of this operation is not the only driving force behind the high figures: Pre-trial detentions are also getting longer because shorter sentences were often not carried out in the past due to a policy implemented in 1972 to reduce prison overcrowding.
"In Belgium, pre-trial detention is implemented more quickly than in most other countries. Magistrates are more likely to place offenders in pre-trial detention so that perpetrators still experience the consequences of their actions in some shape or form," said Jan Van der Cruysse, Justice Minister Vincent Van Quickenborne's spokesperson.
Since September last year, sentences between two and three years have been enforced; from 1 September this year, this will be expanded to sentences between six months and two years. Though this will put even more pressure on prison capacity in the short term, the ministry hopes it will result in a "change in mentality" which it believes is the only solution to get the situation under control permanently in the long term.
