DETENTION
Prisons continued to be overcrowded,
facilities dilapidated and there was
insufficient access to basic services. Several
hundred offenders with mental health
problems or mental disabilities remained in
detention in regular prisons with insufficient
health care and treatment.
In May, the European Court of Human
Rights (ECtHR) found that the conditions of
detention of two detainees in two different
prisons amounted to inhuman or degrading
treatment.
In July, the European Committee for the
Prevention of Torture raised concerns
regarding the consequences of the repeated
strikes by prison officials in recent years
which worsened the poor detention
conditions.
In September, the ECtHR ruled that
Belgium had violated the right to life of
Michael Tekin, an offender with a mental
health problem who died in custody in a
regular section of Jamioulx prison on 8
August 2009. The Court found that the
restraining technique used by three prison
officers was unnecessary and
disproportionate.
REFUGEES AND ASYLUM-SEEKERS
The authorities resumed the transfers of
asylum-seekers to Greece under the Dublin
III Regulation – EU law that determines the
EU member state responsible for examining
an application for asylum.
In November, laws were adopted widening
the scope for detention of asylum-seekers
and curtailing the right to appeal negative
asylum decisions.
In September, the government invited a
delegation of Sudanese government officials
to identify dozens of undocumented
Sudanese nationals with the intention of
returning them to Sudan. Several judicial
proceedings were started challenging forcible
returns on the basis of the principle of nonrefoulement – the forcible return of
individuals to countries where they risk
serious human rights violations. Ten
Sudanese nationals were reportedly returned
92
in the context of this operation. In December,
testimonies surfaced of returnees who stated
that upon return they had been detained by
Sudanese government agents, interrogated
and subjected to ill-treatment or torture. The
government announced an investigation into
the allegations.
DISCRIMINATION
On 14 March, the Court of Justice of the EU
failed to uphold Muslim women’s right to
non-discrimination by ruling that a private
Belgian employer had not breached EU antidiscrimination law in dismissing a woman for
wearing a headscarf.
RIGHTS OF LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX PEOPLE
On 24 May, Parliament adopted a law
allowing transgender people to seek legal
gender recognition without imposing on them
any psychiatric assessment or sterilization
requirements.
ARMS TRADE
The Walloon regional government continued
to license weapon transfers to parties of the
Saudi-Arabia-led coalition in Yemen. In June,
the Flemish regional Parliament improved the
compliance of its legislation with the Arms
Trade Treaty by, among other things,
amending the legal definition of transit.
However, it failed to address the control of
the end-use of parts and components that
could be used to produce arms.
BENIN
Republic of Benin
Head of state and government: Patrice Athanase
Guillaume Talon
The authorities continued to restrict the
rights to freedom of expression and
peaceful assembly. Fourteen prisoners
remained on death row although the death
penalty had been abolished. Civil society
groups’ access to prisons was restricted.
Amnesty International Report 2017/18
Select target paragraph3
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