Belgium urgently needs to expedite its court cases, as the slow pace of its justice system constitutes a violation of human rights, according to the Federal Institute for

Human Rights. The institute addressed the Council of Europe’s Committee of Ministers on Monday, as reported by De Standaard.

Belgium has already faced condemnation four times by the European Court of Human Rights, with the most recent judgment in September 2023, due to prolonged procedures and case backlogs. The situation is particularly severe in Brussels, especially in the appeal and family courts, the institute warns.

“A court case that starts today can drag on for 10 years or more in some courts,” said Martien Schotsmans, director of the institute. “How is an inheritance distributed? What if you have a problem buying a house? What are the legal consequences of a divorce? It is distressing that many people have to wait years for a decision in such matters.”

The Federal Institute for Human Rights has urged the government not to resolve one human rights violation by committing another. A study by the College of Courts indicates that the number of judges needs to be increased by nearly 50% to adequately reduce the workload.

“The government must invest more in staff and resources for justice. The job of magistrate should be made more attractive,” Schotsmans stated. “But instead of investing in justice, the government is developing new measures and sanctions.”

These new administrative sanctions permit municipalities to penalize certain infractions without a judge's intervention.

“Without a judge, there is a greater risk that people will be unjustly or excessively punished without having the chance to defend themselves, which violates the right to a fair trial,” said Schotsmans. “The government should not try to solve one human rights violation with another violation.” Photo by Paul Hermans, Wikimedia commons.