‘We are facing an organised threat that is undermining our institutions’ an examining magistrate from Antwerp has written in an anonymous open letter. She herself spent four months in hiding after receiving threats from the drug world. According to the investigating judge, it is no exaggeration to say that we are evolving into a narco-state or drug state.
The anonymous open letter appeared on the website of the Belgian courts and tribunals and is addressed to the justice select committee. The author says that based on her practical experience she wants to paint a picture of the challenges we face and to make concrete suggestions.
That picture is disturbing. ‘Extensive mafia-like structures have become entrenched, becoming a parallel power that challenges not only the police but also the judiciary,’ she writes. 'There are serious consequences: are we evolving into a narco-state? No way, you may think? Is this exaggerated? According to our drugs commissioner, this evolution has already begun. My colleagues and I share that feeling."
Four months in a safe house
The examining magistrate writes that a narco-state is characterised by an illegal economy, corruption and violence. She cites examples of all three phenomena that we have seen in Belgium in recent years.
The letter writer says that she herself spent four months in a safe house. ‘In such circumstances, the government did not contact me, actively offers support, provide compensation, offer shelter for family and colleagues, or insure my family on account of the damage caused. And then you pick up where you left off. “It just comes with the job,” my government seems to say.’
A judiciary that is beginning to function poorly is a dangerous erosion of democracy is the message. ‘It is already becoming more difficult to find judges who are willing to rule on such cases. People often target the individual instead of the issue, for example, sometimes via recusal requests. Colleagues are allowing themselves to be replaced in cases where a threat is clearly present.’
‘How long will it take before a colleague feels compelled, for his own safety, to conjure up a procedural error so that he does not have to sign a conviction?’
Five short-term measures
The examining magistrate cites five points that can be implemented in the short term: legislation allowing people to work anonymously, a permanent point of contact for magistrates under threat, insurance for all physical and material damage, protection of private addresses, and a firm stand on communications from prison.
‘Despite all the efforts of the police and the judiciary, we are no longer able to protect citizens and ourselves.’
‘This is not a lament, nor are we asking for applause or praise. We are asking for a government that takes responsibility for protecting its own foundations,’ concludes the investigating judge. ‘The question is not whether the rule of law is under threat. It already is. The question how is our state is going to defend itself.’
Interior minister wants quicker action
Belgian justice minister Annelies Verlinden (Flemish Christian democrat)says she understands the investigating judge's serious concerns and adds that she has already taken action and has further measures to increase the level of security for justice department workers planned.
‘The delivery of justice in Belgium is in the public domain, but we are working on removing data from the national register, signatures and names from what is made public. Changes to the digitisation of the justice system are being worked out. This also applies to prison staff,’ the minister says.
Ms Verlinden also wants work undertaken to improve the security at courts. 'Security at the entrance is not guaranteed everywhere. We are asking the police to increase their presence in buildings and we have already announced that the number of scanning lanes must be doubled.’
Ms Verlinden has also ordered analyses of security risks and threats faced by magistrates. ‘This situation is unacceptable. People must be able to do their work, but only in safe conditions. We need to step up efforts in this area.’