The extradition law in Belgium, as regulated by the Act of March 15, 1874, regarding extradition, forms the legal framework for the procedure and conditions under which persons can be extradited from Belgium to another state. Here are the key aspects of the Belgian extradition law:
1. Basis for Extradition:
Extradition can take place based on a treaty between Belgium and the requesting state, or in the absence of a treaty, based on reciprocity.
Belgium has concluded various bilateral and multilateral treaties with other countries, including the European Extradition Treaty.
2. Conditions for Extradition:
Double Criminality: The act for which extradition is requested must be punishable in both Belgium and the requesting state.
Minimum Penalty: The offense must be punishable in the requesting state with a penalty of a certain minimum duration, usually at least one year of imprisonment.
Statute of Limitations: The prosecution or the penalty must not be time-barred according to the laws of both Belgium and the requesting state.
3. Exceptions to Extradition:
Political Offenses: Persons cannot be extradited for political offenses.
Military Offenses: Extradition is not possible for offenses considered military offenses under Belgian law.
Risk of Human Rights Violations: Extradition is refused if there is a risk that the person will be subjected to torture, inhuman or degrading treatment, or will not receive a fair trial in the requesting state.
Belgian Nationality: Belgian nationals are, in principle, not extradited, unless special treaty provisions allow it.
4. Procedure for Extradition:
Request: The requesting state submits a formal extradition request to the Belgian authorities, often through diplomatic channels.
Provisional Detention: The suspect may be provisionally detained pending the extradition request.
Investigation: The public prosecutor investigates the request, and the council chamber of the court of first instance assesses the extradition conditions.
Appeal: The decision of the council chamber can be appealed to the chamber of indictment.
Ministerial Decision: The final decision to proceed with extradition lies with the Minister of Justice, who takes the advice of the judicial authorities into account.
5. European Arrest Warrant:
Within the European Union, the European Arrest Warrant (EAW) is in force, which allows for a faster and simpler extradition procedure between EU member states. This replaces the traditional extradition procedures between EU member states.
Belgian extradition legislation is designed to balance the adherence to international obligations with the protection of the rights of individuals subject to extradition. This legislation takes into account both national and international legal standards and human rights.
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