On 22 May 2025, the leaders of nine EU Member States—including Belgium—published an open letter calling for a reinterpretation of the European Convention on Human Rights in order to facilitate the expulsion of third-country nationals convicted of criminal offences. Although the letter did not cite any specific cases or judgments, it has been widely perceived as casting doubt on the current functioning of the European Court of Human Rights (ECtHR).

In response, six independent Belgian human rights institutions—Myria, the Federal Institute for Human Rights, the Central Prison Monitoring Commission, the Institute for Gender Equality, the Service for Combating Poverty, and Unia—expressed concern over Belgium’s decision to support the initiative. They stress the vital role of the ECtHR in upholding the rights of all individuals, including those who have committed offences, and warn against any form of political pressure on the Court.

The six institutions also highlight what they view as a broader trend of challenging the authority of the judiciary and undermining the separation of powers. They have repeatedly expressed concern over the non-enforcement of both domestic and international court decisions in Belgium—especially in matters such as detention conditions, asylum reception, and the length of legal proceedings. According to them, the persistent failure to implement court rulings, combined with calls to reinterpret the Convention, risks weakening the foundations of the rule of law.

They express concern about what they consider to be a misrepresentation of the ECtHR’s case law. The Court does not prevent States from ensuring public safety; on the contrary, it recognises security as a legitimate ground for restricting certain rights, provided the measures are proportionate. Nor does the Court prohibit the expulsion of foreign nationals who have committed crimes—it only forbids removals to countries where individuals risk torture or serious violations of their fundamental rights. The institutions underline that there is no contradiction between ensuring public safety and respecting human rights.

Lastly, they reiterate the absolute and non-derogable nature of the prohibition of torture and inhuman or degrading treatment. This protection applies to everyone, without exception. In their view, no security objective can justify expelling someone to a country where they face such risks. In a context of growing challenges to fundamental rights at the international level, the institutions call on the Belgian federal government to act consistently with its stated commitments, to uphold the rule of law, and to defend without ambiguity the international mechanisms that guarantee fundamental rights for all, including the European Convention on Human Rights and the case law of the Court.

For further details, please read the press release from Myria in French or in Dutch.