The Brussels Indictment Division ruled that a man in his twenties from Brussels is not allowed to be extradited to France because French prisons are overcrowded.
The news was initially reported by La Dernière Heure and De Standaard, and has been confirmed by the suspect’s lawyer, Mike De Witte. He also has a second client for whom France is seeking extradition, and on whom the Court of Cassation will soon have to rule.
The two young men were arrested in early February in the Nivelles area, along with two peers. The four are suspected of having attempted to kidnap a northern French drug dealer who is alleged to have invested his illicit wealth in cryptocurrencies.
When their target was not at home, the four left, but in the meantime, they had been spotted by the French police. As the dealer had already been the target of two previous kidnapping attempts, his home was being closely monitored by the French police.
The four young men were only stopped once they were back on Belgian territory, and the police found bulletproof vests and alarm guns in their vehicle.
Overcrowding
France requested the extradition of the four men, who are currently being held in Belgian prisons in Haren, Mons, Jamioulx and Nivelles.
Before both the Nivelles and Charleroi courts, De Witte argued on behalf of his two clients that they should not be extradited because overcrowding in French prisons is far worse than in Belgian ones, and the two men therefore risked degrading or humiliating treatment.
According to De Standaard, the latest figures show that there are 88,654 prisoners in France, whilst there are only 63,353 places, and the average prison occupancy rate is 140%.
Mr De Witte’s client, who appeared before the court in Nivelles, was at risk of being sent to Amiens prison, where the occupancy rate currently stands at 220%.
The second client, who appeared before the chamber in Charleroi, was to be sent to Beauvais prison, where, in addition to overcrowding, there is a 25% staff shortage.
'Insufficient information'
Both chambers dismissed these arguments, whereupon the defence lodged an appeal with the indictment divisions of Mons and Brussels.
The latter confirmed the extradition, but the defence appealed against that ruling to the Court of Cassation, which ruled that the judges’ considerations were not "precise, concrete or up-to-date enough" and that there was "insufficient information" to decide that the suspect would not be subjected to inhuman treatment in France.
The Brussels Indictment Division was then required to rule again on the extradition and decided last Thursday that it could indeed not take place.
De Witte had less success before the Indictment Division in Mons. There, it was ruled that the suspect could be extradited, but the lawyer has also appealed that ruling to the Court of Cassation.
That case is due to be heard before the Court of Cassation shortly.
