transit zones had the right to appeal their detention, as provided for under
article 9, paragraph 4, of the Covenant.
409, In his reply, the representative said that a bill had been reintroduced
before the legislature expressly to abolish the death penalty/ except for the
most serious military crimes in time of war. k law was also being drafted to
adopt the Second Optional Protocol to the Covenant and the Sixth Protocol to
the European Convention on Human Eights. The use of firearms was governed by
law, with absolute necessity being the basic principle governing any use of
firearms, A bill had been introduced in June 1991 to coordinate the functions
of the various police forces and to reform existing laws by providing uniform
regulations on the use of force and firearms. A bill proposing reforms in the
Protection of Young Persons Act of 1965 had been drawn up including a measure
restricting the application of the Act to minors over 14 years of age charged
with a crime punishable by one year's imprisonment and providing for a hearing
by a judge for such minors. A new law on the protection of the mentally ill
made it impossible for a person to be hospitalized or held for observation
without a court order. The new Act on pretrial detention of 1990 guaranteed
the individual's basic rights while at the same time improving the
administration of justice. The minimum sentence for crimes warranting
pretrial detention had been raised from six months to one year's imprisonment,
but there was no definite time-limit for pretrial detention. Guarantees of
individual rights had also been improved through such measures as the
introduction of a more rigorous definition of conditions of arrest and more
detailed arrest and interrogation records, providing free access to a lawyer
and according the right to a public hearing after six months of detention.
About 60 claims a year involving compensation for wrongful detention were
brought before the Minister of Justice, about half of which were granted. A
detainee could, at his own initiative, contact his family in writing or by
telephone immediately following arrest, unless he was held incommunicado, in
which case he could have immediate access to a lawyer. There had been no
complaints of torture during the reporting period, although some complaints of
ill-treatment had been made about maximum security prisons and solitary
confinement. Such practices might be defensible on the grounds that
restrictive measures had to be taken where circumstances and prudence so
reguired and that dangerous prisoners had to be kept separate from others.
That matter was currently before a court of appeal. A detainee could lodge
complaints about mistreatment to the authorities of the penitentiary system,
the Minister of Justice and courts with summary jurisdiction. A monitoring
committee would be making periodic visits to prisons after ratification by
Belgium of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. The United Nations Standard Minimum Rules
for the Treatment of Prisoners, which were available in French and Dutch to
all persons within the penitentiary system, were generally respected.
410, The rules governing the conditions of preventive detention had recently
been changed. In general terms, the grounds for detention were reviewed
within five days of detention. Detainees could lodge an appeal at each phase
of their detention and had the right to reguest a lawyer. The affiliation of
doctors who performed medical examinations of detainees hafl been criticized
and corrective steps were being taken. Relevant information concerning organ
transplants from aborted foetuses would be made available to the Committee at
a later date.