Foreigners in pre-trial detention: Insights into the decision-making process

• In Event: Foreign nationals in the criminal justice system

Abstract

In most Western European countries, foreigners are overrepresented within pre-trial detention, more so than among the population serving their sentences. This presentation will discuss the results of 25 semi-structured interviews with magistrates in Belgium who influence pre-trial detention decisions, i.e. public prosecutors, investigating judges, magistrates of the chambers of council and of the chambers of indictment. The main focus will be on the reasons why magistrates consider pre-trial detention of foreigners more often necessary, and alternative measures less applicable. The interviews show that, in particular, the absence of the right of residence, the absence of a (registered) place of residence in Belgium, and language barriers are important, but other elements can influence these decisions as well. In addition, potential solutions will be examined.

Author

• Ellen Vandennieuwenhuysen, University of Antwerp