Ministerial circulars n° 1817 15 July 2015 and n°ET/SE-2bis
of 26 November 2015
Conditions of parole are altered in case of conviction for terrorist acts.
Law on the principles concerning the administration of penitentiary
establishments and the status of detainees, 1 February 2005
Individuals detained on terrorist charges face ‘special conditions in detention’.
Administrative measures
Royal Decree concerning the common database on Foreign Terrorist Fighters,
21 July 2016
Creation of an FTF database that is exempt from general privacy and data protection
safeguards. It is not possible for individuals to verify directly whether they are listed,
nor can they request access to their information or ask for it to be corrected or removed.
New Circular on “Foreign Terrorist Fighters”, 2015
Enhanced monitoring and surveillance of individuals when evidence for prosecution is
lacking, this includes electronic tagging monitored by CUTA.
Law relating to population registers, identity cards, foreigner’s cards and
residence document, 10 August 2015
Allows the Minister of the Interior to withdraw, invalidate or refuse a Belgian identity
card if there are indications an individual intends to travel abroad for terrorism-related
purposes and the identity of the individual is shared with CUTA.
Consular Code of 21 December 2013, as amended by the Law of 10 August 2015
Passports can be withheld/withdrawn from individuals who are the subject of: an arrest
warrant (national/European/international); judicial measures restricting their freedom of
movement or; an international alert for the purposes of arrest: Article 62-63.
THE NETHERLANDS
Criminal measures
Dutch Criminal Code 1881, as amended in 2020
Specific definition of what makes a crime a terrorist act and what constitutes terrorist
intent: Article 83 and 83a.
Prison sentences for crimes committed with terrorist intent may be increased by between
a third and a half: Articles 114; 120; 130; 138a; 176a, 197a; 205; 304a.
Criminalisation of material aid to terrorism: Article 83b.
Criminalisation of provision of information with the purpose of committing terrorist acts:
Article 134a; Article 140, Article 140a; maximum life sentence.
Criminalisation of hiding someone who committed terrorist acts from authorities: Article
189; maximum sentence five years.
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RIGHTS & SECURITY INTERNATIONAL
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