Place of detention

Belgium

Country Report: Place of detention Last updated: 01/04/21

Author

Vluchtelingenwerk Vlaanderen Visit Website

Asylum seekers are detained in specialised facilities and are not detained with ordinary prisoners.[1] The Criminal Procedures Act, as well as the Aliens Act, provide for a strict separation of persons illegally entering or residing on the territory and criminal offenders or suspects.[2] Asylum seekers can be detained with other third-country nationals and the same assistance is given to them as to irregular migrants in detention centres. However, in practice, some people who find themselves in prison as a result of criminal charges have also applied for international protection. After completing their sentence/or upon early release they can thus be transferred to a closed detention centre, if legal conditions are met.

Closed centres

The following table gives an overview of the detention centres and their respective capacity[3]:

Detention centre Capacity
127 bis (Steenokkerzeel) 29
Caricole 96
Centrum voor ‘illegalen’ Brugge (CIB) 9
Centrum voor ‘illegalen’ Merksplas (CIM) 23
Centrum voor ‘illegalen’ Vottem (CIV) 30
Gesloten Gezinsunits bij 127bis 0

Since 2017, the government has been steadily increasing the number of places in existing detention facilities. In 2019, the open reception centre (Holsbeek) has been turned into a closed centre for women. Two additional detention centres will be established in Zandvliet and Jumet. These plans will bring Belgium’s detention capacity to 1,066 places by the end of the current legislation in 2024.

Return houses

As regards families with children, the family or housing units in the return homes are individual houses or apartments that are provided for a temporary stay. When they are being transferred from the border, these persons are legally speaking not considered to have entered the territory. In practice however, although they are detained, these families enjoy a certain liberty of movement, under the control of a so-called “return coach”.[4] Children are able to go to school and adults can go out if they get permission to do so.[5]

In 2020, there were 5 sites with 32 housing units with a capacity of 169 persons spread over the communes of Zulte, Tielt, Tubize, Sint-Gillis-Waas and Beauvechain. A total of 178 persons resided in the housing units throughout that year, compared to 497 persons in 2019. Out of the 178 persons in 2020, 73 were adults and 105 were children. Moreover, 41 families were released in 2020.[6]

As for unaccompanied children, the Observation and Orientation Centres (OOC) are not closed centres but they are “secured” and fall under the authority of Fedasil instead of that of the Immigration Office.

 

 

[1]        Article 4 Royal Decree on Closed Centres, referring to Articles 74/5 and 74/6 Aliens Act.

[2]        Article 609 Criminal Procedures Act and Article 74/8 Aliens Act. The latter provision only allows for a criminal offender who has served his sentence to be kept in prison for an additional 7 days, as long as he or she is separated from the common prisoners.

[3]        Information provided by the Immigration Office, January 2021; concerns the situation at the end of 2020.

[4]        Return coaches are staff members of the Immigration Office that assist the families concerned during their stay in the family unit. For further information see Vluchtelingenwerk Vlaanderen et al, An Alternative to detention of families with children. Open housing units and coaches for families with children as an alternative to forced removal from a closed centre: review after one year of operation, December 2009.

[5]        Royal Decree on Closed Centres, amended in October 2014.

[6]       Information provided by the Immigration Office, January 2021.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation