Brussels (Brussels Morning) – Belgium has been urged to urgently speed up court cases in the country, as the presently long and slow procedures are stated to pose a threat to people’s human rights. In some cases, the procedures drag on for more than ten years.
Are court cases in Belgium excessively prolonged, risking rights?
The Federal Human Rights Institute (FIRM) has discoursed a new intervention to the Council of Europe’s (CoE) Committee of Ministers for its overly long court proceedings. One of the basic regulations of the right to a fair trial says that anyone facing a court case should be issued a verdict within a proper time. But this right is often neglected in Belgium.
“A court case that starts today can drag on for ten years or more in some courts,” stated FIRM’s Director Martien Schotsmans. Belgium has already been charged four times by the European Court of Human Rights for its lengthy processes and a large backlog of files at the judiciary.
Schotsmans claimed that it is “distressing” that many people have to stay years for a decision concerning divorce, allocation of inheritance, or buying property.
The CoE verified that it received a Rule 9 communication involving the extreme length of proceedings, but did not fully concur with FIRM’s thoughts that the Committee has “reprimanded” Belgium. “The decision assumed was quite balanced as several positive aspects had been reported by the Belgian management (including measuring the workload of judges and clerks, major budgetary efforts assigned to judicial staff and efforts to improve statistical data),” a spokesperson stated.
Why is the Brussels Court of Appeal particularly overwhelmed?
The situation is extremely serious in Brussels. “The Brussels Court of Appeal has a massive backlog due to its specific context with extensive and complex files,” Schotsmans presented. The court also takes files from the Federal Public Prosecutor’s Office and assizes cases (the most serious offences in Belgium’s judicial system), such as the trial encircling the 2016 attacks.
Other courts are also lacking magistrates and staff, with the situation starting with the French-speaking Family Court in Brussels temporarily stopping hearings in April this year.
“The Committee was especially interested in the situation regarding the most overloaded courts and insisted on the specific actions envisaged in this respect,” the CoE spokesperson stated. “The Committee will examine this issue at one of its Human Rights meetings in 2025, in light of the information supplied by the authorities.” Figures from the College of Courts revealed that the number of judges in Belgium would have to be raised by almost half to reduce the workload, highlighting the shortage of almost 700 judges.
What measures are needed to expedite court proceedings?
Overall, the group claimed that Belgium is not taking adequate measures to settle court cases faster. “More investment is required in the courts and tribunals, particularly in resources for more judges and court clerks, so that residents rights are better protected.” Additionally, there is a shortage of insight into how long proceedings in its benches are taking. “Data on the course of proceedings in all courts in the country are required to improve the situation,” she stated.
She asserted that the government is instead developing new standards and sanctions, such as the municipal administrative penalty (GAS) or the quick amicable settlement, letting local authorities punish certain violations without the intervention of a judge. “Without a judge, there is a greater risk that people will be unfairly or excessively punished without having been able to defend themselves and thus the right to a fair trial will not be respected,” statedSchotsmans. “The government should not try to solve one human rights violation with another violation.”
