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Thanks to the MR, the government will send foreign inmates back to their country

28/03/2026
In brief
  • The government is making the return of foreign inmates a key lever against prison overcrowding.
  • Goal: reducing their share from 43% to 25% of inmates, with 2,000 forced returns by April 2027.
  • Massive recruitment in closed centres and 108 additional places planned to support the reform.

Our prisons are overflowing. 43% of inmates in Belgium are foreigners, nearly double the European average: with Arizona, we are making the return of illegally staying inmates the primary lever in the fight against prison overcrowding. At the same time, we are creating more prison places, concluding agreements abroad and strengthening security with zero tolerance for terrorism, recidivism and rioters, for a Justice system that is finally firm, efficient and respected.

  • (i) Sentences of up to 18 months will be executed automatically under electronic monitoring, always under the supervision of the sentence enforcement judge. Those responsible for violent and drug-related offences are of course excluded from this measure.
  • (ii) Early release due to overcrowding is further restricted: it will only be possible for sentences of less than three years and until the end of 2027, and remains excluded for the most serious offences.
  • These measures will only be activated on condition that at least 250 forced removals and 50 inter-state transfers of foreign inmates are achieved by May 2026. We are strengthening prison capacity in Belgium and abroad, creating 1,300 additional places by 2028, bringing unused cells back into service and deploying modular capacity.
  • We are recruiting in our prisons based on a costed staffing recovery plan, prison by prison. We are widening the recruitment pool to EU nationals who speak a national language, allowing contracts for shortage occupations, and using private security for roles without contact with inmates. We are also developing detention capacity abroad for illegally staying convicts, through agreements with partner countries.
  • We have achieved real MR victories in the areas of security and combating impunity: (1) financial contribution from inmates who can afford it, (2) criminalisation of glorifying terrorism, (3) introduction of conditional electronic monitoring from pre-trial detention, (4) structural use of video conferencing for very short hearings to limit transfers, (5) extended monitoring of terrorism convicts after their sentence, (6) parole reserved for those with legal residence rights, (7) strengthened immediate appearance procedure and (8) implementation of the “polluter pays” principle for rioters. Stop the inaction, make way for a firm, efficient and respected Justice system.

Prison situation

In February 2026, our prisons held 13,473 inmates for 11,049 places. Nearly 700 inmates were forced to sleep on the floor. In addition, around 3,193 people are on a “waiting list” for imprisonment.

In Belgium, 43% of inmates are foreigners, often without a residence permit (31%), well above the European average of 25%.

This situation had become untenable. The government had to act; and that is exactly what it did with this new agreement. Stop the inaction, make way for a firm, efficient and respected Justice system.

The Arizona government is putting an end to this situation by making the return of foreign inmates the primary lever against overcrowding. It sets a clear goal: to return to the European average of 25% foreign inmates by the end of the legislature.

Return of foreign inmates

The government aims to return to the European average (25%) of foreign inmates by the end of the legislature.

By April 2027, the target is set at 2,000 forced return operations, including at least 275 to Morocco, 500 returns of European inmates with particular focus on neighbouring countries, and 150 transfers to other states, including at least 30 to Morocco.

To this end, the relevant services are being strengthened:

  • More places in closed centres: creation of 108 additional places by 30 September 2026 and recruitment of 110 FTEs.
  • Recruitment of 40 FTEs for return escorts.
  • Federal police: target of 25 additional certified escorts by April 2026 and 72 by the end of 2026.

We are also legally speeding up returns from detention:

  • We are reinforcing Article 20/1: for inmates without a right of residence, the return is now prepared up to 12 months before the end of the sentence.
  • As soon as a laissez-passer is issued, those sentenced to up to 3 years are released with a view to their removal.
  • For sentences of up to 3 years, the return can be organised as soon as imprisonment begins or as soon as the conviction becomes final.
  • The Immigration Office commits to organising departure within one month of the first possible removal date.

We are moving to a whole-of-government approach: the return and transfer of inmates without a right of residence becomes a shared responsibility of Justice, Asylum and Migration, Foreign Affairs and the Interior.

We are clearly targeting our key partners: Morocco first, but also Algeria, Tunisia, Albania, as well as the Netherlands and Romania within the EU, to lift laissez-passer blockages and scale up returns and transfers.

Strengthened sentence enforcement and returns to combat overcrowding

Measures related to sentence enforcement also had to be taken:

  • Prison sentences of up to 18 months will be executed automatically under electronic monitoring, but always under the supervision of the sentence enforcement judge, excluding the most serious offences (terrorism, sexual offences, serious violence, drugs);
  • For sentences between 18 months and 10 years, electronic monitoring may be granted 18 months before the end of the sentence, provided a third of it has already been served, again under the supervision of the judge;
  • Early release due to overcrowding, on the other hand, is restricted: it will only be possible for sentences of less than three years and until the end of 2027, and remains excluded for the most serious offences.

Once again, the activation of this package is conditional on measurable results regarding the return of foreign inmates. By May 2026, at least 250 forced removals and 50 inter-state transfers must have been achieved.

Strengthened capacity in Belgium and abroad

On the prison front, a structured action plan provides for the creation of at least 1,300 additional prison places in the short and medium term: 607 places in 2026, 420 in 2027 and 275 in 2028, through new prisons, detention houses, modular units and forensic facilities. This plan is accompanied by an accelerated restoration of all currently unusable places, so that no usable cell remains empty due to technical reasons or understaffing.

Regarding the recruitment of prison staff:

  • The Kern will adopt, by 3 April 2026, a costed staffing recovery plan, prison by prison, which will then be regularly monitored within the Kern;
  • We are widening the recruitment pool by opening the prison officer role to EU nationals who speak a national language;
  • We are allowing the Federal Public Service Justice to use contracts for shortage occupations;
  • Finally, we are using private security for roles without contact with inmates, first in Antwerp, then in Saint-Gilles, to redeploy as many prison officers as possible where they are most needed.

A new Masterplan IV for prisons, which will set out tomorrow's prison map (replacement of outdated infrastructure, development of smaller detention facilities, integration of temporary modules, possible use of military sites), will be submitted to the Council of Ministers by 29 May 2026 at the latest, to anchor these choices in a long-term strategy.

Like Denmark, Belgium is also preparing agreements to develop detention capacity abroad, specifically for illegally staying convicts. The relevant ministers will present partner country options by the end of 2026, along with a clear legal framework and strict conditions for compliance with international standards.

Zero tolerance for impunity and terrorism:

Finally, the government is applying zero tolerance:

  • Glorifying acts of terrorism will be criminally punished, to allow faster action against those who support or legitimise extremist violence.
  • The monitoring of persons sentenced to at least two years for terrorism may be extended by the sentence enforcement court after the end of their sentence, for as long as necessary.
  • The “polluter pays” principle for rioters will be applied: those who cause damage will actually have to pay for it and, in the case of public property, carry out at least community service.
  • Very short hearings of the council chamber and the indictment chamber will henceforth systematically take place by video conference from places of detention, to limit transfers, strengthen security and speed up proceedings.
  • A financial contribution will be requested from inmates with demonstrable contributory capacity, as provided for in the government agreement.
  • Conditional electronic monitoring is introduced in pre-trial detention: the investigating judge gains an additional option, which may be combined with a criminal bail, without weakening public security or the investigation.
  • Parole will be reserved for persons with legal residence rights: convicts without a right of residence will no longer have access to it.
  • The immediate appearance procedure is being strengthened to try simple cases more quickly and reduce pressure on pre-trial detention.

Automatically translated from French. Read the original