Belgian extradition law, as regulated by the Extradition Act of March 15, 1874, provides the legal framework for the procedure and conditions under which persons may be extradited from Belgium to another state.
Here are the main aspects of Belgian extradition law:
Basis of extradition :
- Extradition may take place on the basis of a treaty between Belgium and the requesting State or, in the absence of a treaty, on the basis of reciprocity.
- Belgium has signed several bilateral and multilateral treaties with other countries, including the European Extradition Treaty.
Conditions of extradition :
- Double jeopardy The act for which extradition is requested must be punishable both in Belgium and in the requesting State.
- Minimum sentence : The offence must be punishable in the requesting state by a penalty of a certain minimum duration, generally at least one year's imprisonment.
- Prescription: The prosecution or sentence must not be time-barred under the laws of Belgium or the requesting State.
Exceptions to extradition :
- Political offences : People cannot be extradited for political offences.
- Military offences : Extradition is not possible for offences considered military offences under Belgian law.
- Risk of human rights violations : Extradition is refused if there is a risk that the person will be subjected to torture or inhuman or degrading treatment, or that he or she will not receive a fair trial in the requesting state.
- Belgian nationality : Belgian nationals are not normally extradited, unless special treaty provisions allow this.
Extradition procedure :
- Application: The requesting state submits a formal extradition request to the Belgian authorities, often through diplomatic channels.
- Pre-trial detention : The suspect may be remanded in custody pending the extradition request.
- Survey: The Public Prosecutor investigates the request, and the Council Chamber of the Court of First Instance assesses the extradition conditions.
- Call : The decision of the Council Chamber may be appealed to the Indictment Division.
- Ministerial decision : The final decision on extradition rests with the Minister of Justice, who takes account of the opinion of the judicial authorities.
European arrest warrant :
Within the European Union, the European Arrest Warrant (EAW) is now in force, providing a faster, simpler extradition procedure between EU member states. This procedure replaces traditional extradition procedures between EU member states.
Belgian extradition legislation is designed to reconcile respect for international obligations with protection of the rights of extradited persons. This legislation takes account of national and international legal standards and human rights.
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