Council of State to allow torture suspect to remain in the army

Council of State to allow torture suspect to remain in the army
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The Council of State has recently overruled the decision to dismiss a female non-commissioned officer (NCO) for the suspected torture of a 'friend' following an alleged theft, Sudinfo reports.

The female officer conspired with her friends to trap and torture a man whom they suspected of stealing €100,000 from one member of her friendship group. She was consequently dismissed by Belgian Minister of Defence Ludivine Dedonder.

The suspect worked with the 15th Air Transport Wing of the Air Component of the Belgian Army stationed at Melsbroek Air Base near Brussels. She worked as a shop steward, holding the rank of First Sergeant, and had previously been praised by her superiors for her professionalism.

Lured and tortured

The NCO allegedly lured the victim, known as Bernard, for a party at the home of a man who claimed to be the victim of the theft in August 2022. Bernard arrived at the address, along with his two children. Unbeknownst to him, the female officer and her conspirators had converted the garden shed into a makeshift torture chamber.

The suspect and others immediately attempted to pressure the victim into a confession. After the suspect denied stealing the money, the group escorted him to the makeshift torture room, seizing his car keys and mobile phone.

Sudinfo reported that the victim was bound to the chair by his hands and ankles and forced to confess to his alleged crime. Bernard was beaten, insulted, threatened, humiliated and even waterboarded by the group.

'Unworthy of the quality of a soldier'

The NCO admitted to holding the victim down by his throat to allow another member of the group (also a soldier) to waterboard the victim. Before a judge, the suspect defended herself saying that the water was not poured all at once, but instead poured slowly to "make him stress" rather than suffocate. The officer said that the situation had gotten "out of hand".

As she was the only member of the group who was not intoxicated, the officer then stole the victim's vehicle and drove with another conspirator to Bernard's home, turning the house upside down to find proof that he had stolen the money. Meanwhile, the victim continued to be abused in the makeshift torture room.

Bernard was allegedly hit in the ear, leading him to require surgery, struck with a metal object and stripped. The gang also threatened to violate him with alcohol-soaked sanitary products and to burn him with a cigarette. He was finally released after several hours of torture, given his keys and left with his children, who were asleep at the time.

Suffering serious physical and psychological damages, Bernard reported the suspects to police in Libramont-Chevigny, Wallonia. The members of the gang were charged with inhumane treatment, kidnapping and assault. The officer was arrested and spent two months in Berkendael prison.

The case was brought before the Namur Criminal Court last January, with the prosecution requesting 10 years of imprisonment for each of the five defendants. A verdict will be announced on 14 June.

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In a move to condemn the NCO, Defence Minister Dedonder withdrew the soldier’s employment with the Belgian Army as a disciplinary measure and condemned the gang and their acts.

"The First Sergeant's behaviour has seriously undermined the confidence that the public should be able to place in the Armed Forces, as well as the dignity and honour of the military function. Her behaviour is unworthy of the quality of a soldier," she said.

In a surprising turn of events, however, the Belgian Council of State has ruled that removing the officer’s employment is illegal, due to the expiring statutes of limitation for punishment within the army. As such, the suspect will remain as part of the army –at least for the time being.

The officer will continue in her role but under the threat of a pending court decision and awaiting a final verdict from the Council of State for annulment.


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