Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
Prosecution and Detention Procedures
Generally there are three possible forced return schemes:
Forced return accompanied by two or four escorting police officers or sometimes immigration
officers;
Unaccompanied forced return – the deportee is not accompanied on the aircraft but his/her
travel documents are given to the aircraft commander and upon arrival, the commander will
hand over the documents to the authorities in the country of destination;
Forced returns of groups of returnees are arranged on chartered flights and are always escorted
by police officers.
The first removal attempt organized by the Immigration Office is always on an unescorted basis,
unless there are indications that the person may pose a threat to public order or security. When
the removable alien refuses to cooperate, the second removal attempt organized by the Immigration
Office is always conducted with the assistance of an escort. As a general rule, the number of
escorts will equal the number of removed foreign nationals plus one. In the case of long distance
removals, one or two additional escorts will be included.
Following the death of a Nigerian deportee during an escort in 1998, Belgium initiated a comprehensive
programme to improve the organization and effectiveness of its deportation actions.
The programme included enhanced selection and training of escort officers, as well as the adoption
of detailed guidelines for forced removals. It introduced the possibility of lessening restraints
when cooperation from the person being removed is secured. More emphasis was also placed on
enhanced communication with the deportees, the aircraft crew (who are often unfamiliar with
removal practices), the antecedents of the deportees, and among the escort officers prior, during
and after the removals.
Detention
According to the law, rejected asylum seekers, migrants residing illegally in Belgium and criminal
migrants who have committed minor offences are detained in a so-called centre fermé (closed
centre) pending their removal. Rejected asylum seekers and irregular immigrants are not detained
in prisons in Belgium. Belgium avails itself therefore of six facilities. These closed facilities
provide accommodation for asylum seekers whose applications are being processed and
those who are to be removed, as well as irregular migrants.
The “inadmissibles” centre at Brussels National Airport (opened 1996), Transit Centre 127 at
Brussels National Airport (opened in 1988), 7 Centre 127 bis in Steenokkerzeel near Brussels
National Airport (opened in 1994), 8 the Centre for Illegal Immigrants Merksplas (opened in
1993), the Centre for Illegal Immigrants Bruges (opened in 1995), and the Centre for Illegal
Immigrants Vottem (opened in 1999). 9
Stamps in Passports
The entry ban of a person being forcibly returned depends on the reason for the deportation.
Where an alien receives the order to leave the country, the administrative decision is deleted
from the register as soon as the person has left the country (or the Schengen territory).
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