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 -99-

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