Belgium must take steps to enforce prison sentences on its own territory when it refuses to extradite a wanted person because of unacceptable detention conditions abroad, the Court of Justice of the European Union has ruled.
The judgment follows a preliminary question submitted by Belgium's Court of Cassation.
The case arose after Belgian appeal courts refused to execute European Arrest Warrants issued by Romanian and Greek judicial authorities against a Romanian national and a Belgian citizen living in Belgium, both of whom had been sentenced to prison terms.
Belgian judges concluded that the individuals could face a real risk of inhuman or degrading treatment because of prison conditions in Romania and Greece.
Belgium's Court of Cassation subsequently asked whether Belgian authorities could, or should, enforce the prison sentences themselves to ensure that the convicted individuals did not escape punishment. The EU's highest court answered yes.
According to the ruling, Belgium must "actively seek" to ensure that a wanted person does not remain unpunished after an extradition request has been refused.
In practical terms, Belgian authorities must contact the issuing judicial authorities and request the judgment on which the arrest warrant is based. They must then take the necessary steps to ensure that the prison sentence is served in Belgium.
The court said the obligation is necessary to safeguard security and the proper functioning of the European area of justice.
The ruling also recalls that, in principle, a convicted person must consent before serving a prison sentence in another EU member state. However, that consent is not required if the individual left the country where they were convicted in order to avoid serving their sentence.
