Belgium introduces mandatory drug testing for prisoners

Prisoners may soon be required to take a drug test. This is stated in a bill by minister of Justice Annelies Verlinden (CD&V) that is presented to the government on Friday. Drug use is a significant problem in our prisons. In a separate measure, Verlinden aims to take away the Belgian nationality from criminal ‘newcomers’.

According to the ministry of Justice's website, two out of three Belgian prisoners have used an illegal drug at some point. In prison itself, this figure is one in three. After cannabis use, heroin use and illegal medication use are the most common.

It is clearly a persistent problem. Minister Verlinden points out that the use and trafficking of narcotics undermine social coexistence in prison, endanger the safety of correctional officers, and cause aggression. The bill creates a legal basis for administering drug tests. This can be done either targeted, based on individual indications, or randomly to create a deterrent effect. Physical coercion is excluded, but a refusal counts as a positive result.

In the event of a positive test, the detainee is monitored by medical and psychosocial services, with a view to possible acute care and treatment. A repeat test will follow. Sanctions are also possible, for example, in cases of fraud or refusal.

Belgian nationality

The government on Friday reached an agreement on another legal change. Anyone convicted of serious crimes such as organised crime, homicide, or sexual offences may soon lose their Belgian nationality. However, revocation of nationality is only possible for perpetrators who became Belgian citizens in the fifteen years preceding the offence.

The reform must ’send a strong signal,’ says Verlinden. ‘Anyone guilty of serious crimes that undermine the foundations of our society may lose their Belgian citizenship.’

The coalition agreement already states that a judge will issue a ‘revocation’ of Belgian nationality in the event of a terrorism conviction. The judge will automatically have to rule on this question for perpetrators with dual nationality, without the public prosecutor's office necessarily requesting a revocation. A court can also decide not to revoke nationality ultimately, but must then ‘explicitly explain’ why the consequences of that decision would be ‘unreasonable and disproportionate.’

In the event of a conviction for capital offences, sexual offences, or organised crime, the judge can also revoke Belgian nationality, but only in some instances. These must concern ‘serious crimes that pose a fundamental threat to society.’ In any case, the revocation of nationality can only be pronounced if the convicted person acquired it within the last fifteen years before the offence. Currently, that period is ten years. There is a fifteen-year statute of limitations for filing a claim.

_{Annelies Verlinden © BELGA PHOTO NICOLAS MAETERLINCK}