MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2024)1514/H46-12

5 December 2024

1514th meeting, 3-5 December 2024 (DH)   H46-12 Vasilescu v. Belgium (Application No. 64682/12) Supervision of the execution of the European Court’s judgments   Reference documents CM/Notes/1514/H46-12

 

Decisions

The Deputies

1.         recalled that this case concerns the structural problems of prison overcrowding and poor material conditions of detention, and that the Court has underlined the absence of a preventive effective remedy to complain about them;

2.         expressed their deep concern regarding the continuing increase in the number of detainees, which appears higher than ever, and at the fact that the authorities' former objective of reducing it to below 10, 000 seems to have been abandoned; reiterated their urgent call on the authorities to focus their efforts on achieving a sustainable reduction in the prison population and not on increasing capacity, the projections for which already seem insufficient given the observed increase in the number of detainees;

3.         once again, urged the authorities to adopt, without further delay, all required measures to resolve the problem of prison overcrowding everywhere and to put an end to the use of mattresses on the floor;

4.         in this regard, noted with interest the establishment finally in 2024 of the Prison Council and invited the authorities to ensure that it rapidly draws up a comprehensive plan to combat overcrowding, based on an integrated and systematic approach to all its factors and measures to monitor changes in the prison population in real time, drawing on the Council of Europe’s standards and recommendations; also invited them to make use, in this context, of the possibilities for technical assistance and cooperation offered by the Council of Europe; 

5.         noted with interest the increase in electronic monitoring and alternatives to detention on remand, while once again inviting the authorities to strengthen probation services and awareness-raising measures of magistrates; however, in view of the increase in the number of detainees, also invited the authorities to continue to reduce the number of cases of imprisonment, the use of detention on remand and its length, to encourage adjustment of sentences in the context of the reform of their execution and to adopt binding prison regulation measures;

6.         moreover, invited the authorities to adopt rapid measures to improve conditions of detention and to transmit to the Committee detailed information on their efforts regarding out-of-cell activities to all detainees;

7.         noted with interest a new decision illustrating the fact that national case-law grants compensation for poor conditions of detention, which appears to confirm the existence of a compensatory remedy in Belgium;

8.         once again exhorted the authorities to take concrete measures to establish, without further delay, a specific preventive remedy, for convicted persons and pre-trial detainees, capable of rapidly putting an end to violations of Article 3 by means of transfers or, if necessary, releases, drawing on the experience of other States; recalled the Secretariat's readiness to provide them with any useful support in this respect;

9.         decided to resume consideration of this case no later than at their DH meeting in June 2026.