“A degrading treatment, and therefore in violation of the European Convention on Human Rights. Because these searches take place on a daily and systematic basis and can be expected to continue throughout the months-long process.”
With this motivation, the Brussels judge in preliminary relief proceedings follows the arguments of six suspects in the assizes process surrounding the attacks of 22 March 2016. Every day at 7 a.m., Salah Abdeslam, Mohamed Abrini, Osama Krayem, Sofien Ayari, Bilal El Makhoukhi, Ali Al Haddad Asufi and Hervé Bayingana Muhirwa awakened and taken from their cells in Haren Prison. They had to undress and kneel. They then underwent a naked body search by three police officers wearing balaclavas. Only then were they blindfolded and led into the police vehicle.
Safety
During the debates, lawyer Bernard Renson argued on behalf of the Belgian state that these measures are necessary to guarantee the safety of the process. In the decision, the court follows the European Court, which previously ruled that naked searches are possible in specific circumstances, but only with a specific reason. Not random or systematic. The blindfold remains allowed, the nude searches are not. For each violation, the Belgian state risks a penalty of 1,000 per prisoner, with a maximum of 50,000 euros.
The state now has a month to appeal, but in the meantime the decision is enforceable and it seems that the trial can continue on January 3 in the presence of all nine suspects in the defendant’s box. In protest once morest the nude searches, Abdeslam, Abrini and Krayem remained absent.
‘Balanced’
“Whether my client will be present once more, you will see,” said Delphine Paci, lawyer for Salah Abdeslam. “We are now very satisfied, especially because of the detailed motivation by the judge. What we argued was – contrary to what we had to read here and there – apparently not so outlandish following all. It does not matter what the charge is: degrading treatment by the security services can never be legitimate in a constitutional state.”
“It seems like a balanced decision,” says Sanne De Clerck, lawyer for victim organization V-Europe. “We are especially pleased that this discussion has now been settled and hope that everyone will accept this. Then from now on it can finally be regarding the content.”
The FPS Justice says that it will respect the decision: “We will take the necessary steps. In addition, we will thoroughly analyze the decision with the FPS Home Affairs and the federal police, both from a legal point of view with a view to a possible appeal, and from a security point of view.”
