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Belgium: Schengen Conference (1)

01 January 1991

Belgium: Schengen Conference
artdoc April=1992

The University of Gent in Belgium organized on 31 January a
conference on legal and political cooperation in the framework
of the Schengen convention. One of the nation's highest legal
authorities, the chief public prosecutor of Gent, Mr. Bauwens,
criticized the Belgian Ministry of Justice for its refusal to
give him a copy of the Schengen agreements. Mr Bauwens said the
Gendarmerie coordinates the international exchange of legal
information with no control whatsoever from Belgian legal
authorities. Colonel Bruggeman, of the Gendarmerie, warned that
some pro-active techniques such as undercover operations,
controlled drugs deliveries and telephone tapping are subject to
different national laws and will give rise to legal problems if
brought to court in another country. For example, Belgium does
not have any law governing these surveillance techniques, solely
operating under guidelines from the Ministry of Justice. He also
had personal knowledge that non-official international groups
such as `Air and Seaports' were building up their own
international coordination without any oversight. He noted that
information on extradition of illegal aliens is sometimes not
sent through Interpol because of the overreaction of home country
authorities and resulting ill-treatment of illegal immigrants
returned to their homeland. Another speaker, Professor Van den
Wijngaert, said the police will have uncontrolled powers under
the Schengen Agreement to choose the place, the country and the
moment to arrest and bring a suspect to court. But how, he asked,
will judges and defence lawyers be able to determine the source
and legality of the evidence gathered?

Statewatch Vol 2 No 2 March/April 1992