Freedom of movement and expulsion of aliens
411. In relation to those issues, members asked for information on the status
of the Royal Decree of 7 May 1985, prohibiting certain aliens from residing or
establishing themselves in some communes, and of the appeal lodged against it
and concerning the conditions and status of persons received at Centre 127 at
Zaventem airport. They also wished to know whether an appeal against; an
expulsion order had suspensive effect.
412. In his response, the representative acknowledged that the restrictions
placed in areas where immigrants could settle were highly contentious and
possibly inconsistent with the provisions of the Covenant. The concerns
expressed by members of the Committee would be passed on to his Government,
which was considering the adoption of new measures. There were several
categories of expulsion of aliens, depending on their status. Appeals had a
suspensive effect on the expulsion orders and all remedies were based on the
provisions of the European Convention and the Covenant. Kew rules governing
the expulsion of aliens had recently been introduced, following the decision
of the European Court of Justice that imprisonment and subsequent expulsion of
aliens constituted double jeopardy. Asylum-seekers without valid travel
documents could no longer enter Belgium as of right, but were confined to a
reception centre at the transit zones of the airport while their reguests were
being processed. Notwithstanding the finding of the Committee against Torture
that the transit zones were detention areas, the Court of Appeal in Belgium
had recently reaffirmed its ruling that such confinement, for periods under
two months, did not constitute administrative or penal detention.
Right to a fair „trial
413. In connection with that issue, members of the Committee wished to know
what the procedures were for the appointment and removal of members of the
judiciary; how the Bar was organized and how it functioned; and whether legal
assistance was available to criminal defendants and, if so, how it operated.
414. In his reply, the representative said that appointments of judges were
made by the King on the advice of an elected body and the competent branch of
the judiciary. Judges were appointed for life and could be removed only with
their own consent or by decision of the Court of Appeal. The legal profession
in Belgium was independent and private. Lawyers had to be Belgians or
nationals of a State member of the European Community. A council was elected
annually by each Bar Association and also at the national level, to safeguard
the traditions and professional interests of lawyers. Criminal defendants
were entitled to ask for the assistance of a lawyer and the Government
intended to provide assistance through social assistance committees and
through subsidies to lawyers who did pro bono work for indigent clients.
Freedom of expression, assembly and association
415. With regard to those issues, members requested information concerning
restrictions pertaining to the freedom of expression and examples of the
"serious reasons" that had been accepted by the Labour Court for dismissing
trade-union representatives. Members also wished to know whether the State
had a monopoly on television broadcasting; who exercised control over the
media; what the criteria were for determining access by professional
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