Interim Resolution CM/ResDH(2022)145

Execution of judgments of the European Court of Human Rights

Vasilescu group v. Belgium

(Adopted by the Committee of Ministers on 10 June 2022 at the 1436 th meeting of the Ministers' Deputies)

Application

Case

Judgment of

Final on

64682/12

VASILESCU

25/11/2014

20/04/2015

37768/13+

SYLLA AND NOLLOMONT

16/05/2017

16/08/2017

26404/18

PÃŽRJOLEANU

16/03/2021

16/03/2021

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Recalling that this group of cases concerns the structural problems of prison overcrowding and poor material conditions of detention as well as the absence of effective domestic remedies to complain about them;

Recalling its decision adopted at its 1398 th meeting urging the authorities to establish, without further delay, a specific preventive remedy, in accordance with the requirements of the Convention, by drawing inspiration from existing remedies in other member States;

Expressing its deep concern at the worsening situation in Belgian prisons despite various measures announced long ago, combined with the absence of tangible progress in the establishment of an effective preventive remedy, as indicated by the Court already seven years ago;

EXHORTED the authorities to make progress, without further delay, in the setting up of such a preventive remedy for persons in pre-trial detention and for those convicted;

NOTED, however, that a compensatory remedy, based on Article 1382 of the Civil Code, seems to be available in Belgium to obtain redress for poor conditions of detention;

CALLED upon the authorities, in view of the seriousness and the long-standing nature of the problems, to set up as soon as possible, the Penitentiary Council provided for by a 2019 law in order to evaluate the policies conducted, and contribute to the elaboration, as soon as possible, of a comprehensive plan to combat overcrowding, based on an integrated and systematic approach to all its factors and measures that make it possible to monitor, in real time, the evolution of the prison population;

REITERATED its firm invitation to the authorities to concentrate their efforts on a sustainable reduction in the number of detainees, drawing due inspiration from all the Council of Europe’s standards and recommendations on combatting prison overcrowding and controlling prison population, in particular those issued by the CPT;

INVITED once again the authorities to strengthen their means and awareness-raising measures of competent actors with a view to increasing, as far as possible, alternatives to detention, as well as to reducing cases of imprisonment; also invited the authorities to rapidly consider binding measures to regulate the prison population;

EXHORTED the authorities once again, in view of the particularly high level of overcrowding in many remand centres, to rapidly adopt any solution to better distribute detainees, regardless of their detention regime, and to ensure that every detainee has, at minimum, a bed;

URGED the authorities to continue their efforts to improve the overall conditions of detention;

DECIDED to resume consideration of this group at its DH meeting of September 2023 and requested the authorities, in the meantime, to keep it regularly informed, in particular as regards the setting up of an effective preventive remedy.