Arbi Zarmaev: ministre violates principle of seperation of capacities

April 15, 2011

April 15, 2011

Today, April 15, 2011, the case Zarmaev will be reviewed by the Council Chamber.

What is special about this case is that as advocates of Arbi Zarmaev explain, the prisoner had to be released after six months in prison. This raises the question why this month he finished his 21th month in prison under circumstances we can not imagine, involving torture and total isolation which destroyed his health.

The most remarkable thing in this case is the role played by the Justice Minister Stefaan De Clerck.   De Clerck will extradite this man to Russia, despite the decision of the Court of Appeal of Ghent, which decided to cancel the extradition, because of serious violations of human rights and torture in Russians prisons and the inability of the European Court to control prison conditions in Russian prisons to the fact that it has no access to these prisons.

Why De Clerck will extradite this man to a country where the death penalty is still practiced ?   The European treaties make it clear that Belgium can not extradite people to such countries.

Why Minister De Clerck does not respect the judgments of the Court of Justice that has the exclusive right to hear the case?  It is a violation of  the principle of separation of the capacities as the minister himself decides.

A minister can not take the place of a court of Justice. It would in fact mean the end of the rule of law and the uselessness of the courts.

If Mr. Arbi Zarmaev dies in prison, the political fault that Minister De Clerck would have committed, is very serious.


One Response to “Arbi Zarmaev: ministre violates principle of seperation of capacities”

  1. kruitvat Says:

    Arbi Zarmaev is again arrested. He is again isolated in Bruges prison where he was isolated, tortured and treated with neuroleptics to make him crazy. He was arrested on the moment he was going to the police station in Ostende. His family can not contact him. This is again a violation of the Belgian prison act (2004) which never has been applicated. The European Union has a big problem with the respect of human rights. Irish political prisoners are mistreated and tortured on the same way as in Belgium.

    We are all talking about ‘freedom’ and ‘democracy’ in the Middle East but since 2006, Marcel Vervloesem, member of our association and researcher in the childporn case Zandvoort (88.539 victims), has an interdiction to talk with the press. During 2 years he was tortured in Bruges prison. One year ago he was freed (and still alive) but his health was totally broken by the mistreatment in prison. He has again an interdiction to talk with the press; he can not work with organisations fighting child abuse; Belgian Justice has forbidden him to contact the members of his association who were visiting him during 2 years (every week) in prison.

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