Proposed Legislation Aims to Regulate Strip Searches in Belgium: Obligation to Record and Provide Reasons

2023-09-26 09:25:34

The bill was supported by Ecolo-Groen (Stefaan Van Hecke, Julie Chanson), as well as by the PS (Hervé Rigot). She wishes to modify the law of August 5, 1992 on police functions with a view to establishing an obligation to record and provide reasons for searches involving stripping. It should be noted that the PTB had also submitted a text of its own.

Julie Chanson, federal deputy for Ecolo-Groen. – BELGA

To this day, there is no distinction between a strip search and an ordinary search. The aim of the authors of the text is to authorize strip searches only when necessary and in a proportionate manner, in accordance with the European Convention on Human Rights. Collective and systematic strip searches are still prohibited.

“Frequent procedure”

“Strip searches are not trivial since the person is forced by the police to undress,” explains Julie Chanson, federal MP for Écolo. “So this goes much further than an ordinary search. And although the police do not currently keep data on the number of strip searches, the reasons and their results, it seems that this procedure is frequent, especially at festivals or demonstrations. We want to ensure that these searches can now only take place when necessary and proportionate with an obligation to record and justify. »

“Violation of human rights”

Julie Chanson recalls that Committee P has been asking since 1998 for the law to be amended to better control the use of strip searches. “The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment also noted that strip searches were almost systematic in Belgium for detention in cells. The objective of the bill passed today is therefore to put an end to this violation of human rights and to respond to the recommendations of the various institutions,” concludes the environmentalist MP.

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