A. The removal operation: preparations and conduct; (Read full CPT report)
7. According to the data provided by the Immigration Office, published by the General
Inspectorate of the Federal Police and Local Police (AIG)7 in its 2021 Annual Report on forced return
monitoring, a total of 1 984 persons were subjected to a forced removal from Belgium, including
1 549 by air, during 2021. These numbers are comparable with those in 2020 (2 097 persons,
including 1 549 by air), but much lower than those in 2019 (3 743 persons, including 3 312 by air),
which can be explained by the impact of the COVID-19 pandemic on forced returns.
8 Moreover, Frontex has enhanced its technical and operational support in migration enforcement and
return. In 2021, 18 300 persons were removed with Frontex support from European Union (EU)
member states.9 The EU has announced to further increase the number of removals, in line with its
strategy for more effective returns.10 8. Belgium has outlined its political intention to implement a step-by-step plan for a humane, safe, effective and efficient removal policy, which gives priority to voluntary return.11 The country has signed a Memorandum of Understanding with the authorities of the DRC in April 2017, which does not, however, cover the readmission of DRC nationals or nationals of other third countries. Despite the absence of a bilateral readmission agreement between Belgium and the DRC and formalised cooperation on readmission practices between the EU and the DRC, the European
Return Liaison Officer (EUR-LO)12 deployed in the country supports operational cooperation in
returns. According to Federal Police data, only six DRC nationals were removed by force from
Belgium in 2021 and 20 in 2022 (including the eight persons removed by the return flight monitored
by the CPT).
9. The legal framework concerning the removal of migrants in an irregular situation from
Belgium is regulated by the relevant provisions of the Law of 15 December 1980 on access to the
territory, residence, settlement and removal of foreign nationals (Immigration Act), and the Royal
Decree of 8 October 1981 on access to territory, residence, settlement and removal of foreign
nationals. When foreign nationals are apprehended and found to be in an irregular situation, a
removal order is issued by the administrative (namely the Immigration Office) or judicial authorities.13
A period of 30 days for voluntary departure is usually granted to the person concerned. If the person 7
does not comply with the order, the foreign national can be placed at the disposal of the Government
or deprived of their liberty in a detention centre with a view to their forced removal.14 After a refusal
to return on a voluntary basis, the Federal Police, in cooperation with the Immigration Office, is
responsible for enforcing the removal order and implementing forced removal operations by air,
including by means of charter flights. When carrying out forced removals, Federal Police officers
assigned as escorts must comply with the Police Act of 5 August 1992 (Loi sur la fonction de police
– LFP). As to applicable EU regulations, Belgium is also bound by the EU Return Directive.15 Further, as
specified in the Ministerial Guidelines on the organisation of removals of foreign nationals by air of
16 March 2022 and the Frontex Implementation Plan for this JRO, the removal operation is
implemented in accordance with the respective national legislation as well as the applicable EU and
international law; relevant standards and guidelines shall also be considered.16 In addition to their
legal obligations under Belgian law, all Federal Police officers participating in a JRO supported by
Frontex are also subject to the revised Frontex Code of Conduct for return operations and return
interventions coordinated or organised by Frontex. Reference is also made to the Common
Guidelines on security provisions for joint removals by air annexed to Council Decision
2004/573/EC,17 the Frontex Guide for joint return operations by air coordinated by Frontex, and the
‘Return Handbook’ annexed to Commission Recommendation (EU) 2017/2338.18
During the in-flight phase of the removal operation, the Tokyo Convention19 governs the rules
regarding all actions related to security and safety on board the aircraft.
10. In addition to the return flight to the DRC (Kinshasa), and the handover of 18 Congolese
nationals to the DRC authorities at Kinshasa International Airport, the CPT monitored the following
parts of the removal operation:
In Belgium: the preparations, collection and transfer of foreign nationals from the Repatriation
Centre 127bis to Brussels Military Airport; the arrival of these persons and of additional
persons to be returned from Germany and Sweden at Brussels Military Airport; and the
boarding of the military aircraft chartered for the JRO; and
In Cyprus: the preparations, collection and transfer of foreign nationals from the Menoyia
Detention Centre to Larnaca International Airport; the arrival and flight preparations of these
persons at the airport; and the boarding of the aircraft.20
This report concerns the preparations for removal and pre-flight phase in Belgium, including the
treatment and conditions of detention at the 127bis Centre, as well as the conduct of the entire return
flight to the DRC.
11. The Frontex Implementation Plan communicated to the CPT in the week prior to thescheduled return flight, mentioned that the four countries involved in the JRO had indicated a
concrete interest to remove 23 persons to the DRC (that is 10 from Belgium, five from Cyprus,
six from Germany and two from Sweden), down from an initial 33 persons. In the end, 18 Congolese nationals were returned to the DRC: eight persons were removed from
Belgium (including two women), four from Cyprus (including one woman), three from Germany
(including one woman), and three from Sweden (including one woman). Among the eight persons
removed from Belgium, six were brought to the segregation section of the 127bis Centre in
preparation of their imminent removal (see part B) one day prior to the flight, while two had already
been detained at the centre before. All had a valid and enforceable removal order.21
12. Further, a total of 63 police escorts from the four countries participating in the JRO (including
the four escort leaders, the Belgian deputy escort leader and the 10 Forced Return Escort and
Support Officers (FRESOs) from the Frontex standing corps), a representative of the Immigration
Office, a medical doctor, and two social workers boarded the aircraft.
In addition to the delegation, there were also two Frontex representatives as well as one
Fundamental Rights Monitor from the Office of the Fundamental Rights Officer (FRO) onboard the
aircraft. Moreover, two representatives of the General Inspectorate of the Federal Police and Local
Police (AIG) monitored the pre-departure phase of the return operation in Belgium.
13. In the Committee’s experience, the forced removal of foreign nationals entails a certain risk
of ill-treatment (for example, at the time of collection, during the actual flight or when removal is
aborted). However, over the last decade, the CPT has observed a positive trend of
professionalisation of removal operations by air in Europe, which is notably due to clearer rules and
regulations, increased training of escort officers and enhanced monitoring of return flights.
The CPT welcomes this development. It is important that this positive trend be sustained, given the
current context of continued arrivals of mixed-migratory flows to Council of Europe member states
and ongoing measures taken towards increasing the number of forced removals.
14. From the outset, the CPT wishes to emphasise that its delegation did not receive any
allegations of ill-treatment from persons removed from Belgium to the DRC by escort officers of the
Belgian Federal Police. On the contrary, the return operation of 8 November, organised by Belgium
was well prepared and carried out professionally throughout. Overall, the Committee gained a
positive impression of the conduct of the JRO, and persons removed to the DRC were treated with
respect and dignity.
B. Repatriation Centre 127bis
78. Due to the COVID-19 pandemic, the number of persons held in immigration detention in
Belgium has decreased in recent years. In 2021, almost 3 000 foreign nationals were administratively
deprived of their liberty under immigration legislation (down from an average of 6 000 to 8 000
persons during previous years). This is due to the decision to reduce the capacity of immigration
detention centres by half during the pandemic. The numbers are expected to rise again. Currently, Belgium has six immigration detention centres – commonly referred to as “closed centres”
– with an overall capacity of 635 places. In March 2022, the current government coalition reached a
political agreement to build three new immigration detention centres and an additional centre for
short periods of stay prior to removal (to replace one of the six existing detention centres) creating
more than 500 additional places by 2030. This would bring the total capacity of the immigration
detention estate in Belgium to 1 145 places, in view of the political objective to step up the number
of forced removals. The CPT would like to receive more detailed information on these plans. 79. The legislative framework governing immigration detention in Belgium is regulated by the
relevant provisions of the Immigration Act and the Royal Decree of 2 August 2002 on the regime and
operating rules in closed centres. 70 As mentioned above, foreign nationals who do not comply with the removal order, can be arrested and administratively detained by the Immigration Office in a detention centre with a view to theirforced removal (see paragraph 9). The legislation provides that immigration detention shall only be applied as a measure of last resort and for the time strictly necessary for the enforcement of the
removal order. Foreign nationals may be detained for up to two months, which can be extended to
a maximum of five months. If the foreign national avoids or impedes the preparation of the return
or the removal procedure, the person can, once again, be detained based on a new detention order
is issued by the Immigration Office. The CPT wishes to receive data on the number of detention orders that have been renewed
beyond five months in 2021 and 2022. Further, it would like to be informed of the safeguards
in place to avoid situations of prolonged detention due to frequently renewed detention
orders in practice.
80. The relevant provisions of the Royal Decree of 2 August 2002 allow for some exceptions to
the ordinary group regime. These exceptions notably include the possibility to place foreign nationals
in isolation for medical reasons and as a public order or security measure and to segregate them
prior to removal or transfer, including by placing them in isolation cells.74
