Kneeling body searches of the defendants were ruled unlawful

The Brussels Court of Appeal ruled. While the issue of daily kneeling body searches of detained defendants was brought up at trial Jihadist attacks From 2016 Participation for the defendants has been suspended since December At the hearings, they were deemed illegal on Monday, according to a copy of the ruling sent to AFP. French Salah Abdel SalamHe is one of the six plaintiffs refused to appear Until the practice stops. The Belgian state, which justified this on security grounds, had appealed the first unfavorable decision issued at the end of December.

However, the Court of Appeal, in its ruling issued on Monday morning, “notes (…) that there is no legal basis for the stagnation imposed on the defendants.” [les requérants] During the searches carried out by the judicial police officers during the transfer “from the prison to the courthouse.” The text adds to this, “ordering the Belgian state to put an end to this practice.”

No justification and systematic nature

The attacks that took place in Brussels were claimed by the organization Islamic country (Amnesty International) left 32 dead and more than 340 injured on 22 March 2016. In this trial, which began in early December, nine men are being tried for their participation in these attacks, to varying degrees. A tenth, presumed to have died in Syria, is being tried in his absence. The trial is supposed to run into the summer at the ultra-secure Justitia site, the former NATO headquarters.

Seven of the nine accused appear to be in custody, and the other two are free to move about. Among these arrested defendants are six – including Salah Abdel Salam and his childhood friend Mohamed Abrini They complained of humiliating and degrading treatment, as inspections required them to kneel daily to ensure they were not hiding dangerous objects in their private parts. On 29 December, in a decision issued in summary proceedings, the Brussels Court of First Instance ruled in their favor by denouncing the “general and systematic nature” of the searches, without individual justification.

This court noted that “the systematic practice of body searches with kneeling (…) appears to constitute degrading treatment” as prohibited by the European Convention on Human Rights. The Court of Appeal on Monday determined that a “fine of 1,000 euros” per violation and each plaintiff will be imposed on the state if the practice is not stopped no later than the ninth day after notification of the judgment.

20 minutes with AFP