Belgium: Judges attack bid to expand police powers to search for unauthorised migrants

Philippe van Lindhout

A bill giving Belgian police the power to enter private homes in search of unauthorised migrants has sparked a backlash from judges.

The bill, currently before Belgium’s federal parliament, would allow police to apply to investigating judges for a warrant to search the homes of people suspected of helping migrants who have been ordered to leave the country.

Police would be able to search the entire home for people or identity documents, as well as dismantling possible hiding spaces.

It marks a departure from standard practice in Belgium, where searches are usually only allowed where a major crime has been committed.

The proposed legislation has been criticised by NGOs as well as the Association of Investigating Judges, which represents investigating judges in Belgium’s inquisitorial system of law, EUobserver reports.

Philippe van Lindhout, Association co-chair, warned MPs: “One day we will wake up in a country where fundamental rights no longer exist. As a judge that is really something that we must warn you about.”

Speaking to Euronews, Mr van Lindhout (pictured) added: “Investigating judges are the only people who can issue search warrants and one of our main professional obligations is to be the safe guard for fundamental rights. And one of those fundamental rights is the right of privacy, to find yourself at home.”