Capital punishment in Belgium
Encyclopedia
Capital punishment
in Belgium
was formally abolished on August 1, 1996 for all crimes, in both peacetime and wartime. The last execution for crimes committed in peacetime took place in July 1863, when in Ypres
a farmer was executed for murder. The last execution for an ordinary crime took place on 26 March 1918 at Veurne Prison when Emile Ferfaille, a military officer found guilty of killing his pregnant girlfriend, was guillotined
. This was the first execution to be carried out since 1863. The guillotine that was used had to be imported from France
.
Between November 1944 and August 1950 around 242 people were executed by firing squad for crimes committed during the Second World War. 241 of them had been convicted as collaborators
. A total of 2940 persons were sentenced to death in this period, but only 242 executions were carried out. The last person ever to be executed in Belgium was the German
war criminal
Philipp Schmitt, the camp commander of the concentration camp
Fort Breendonk
. Although the Belgian Penal Code stipulated that the death penalty had to be carried out by decapitation
, because the 242 persons executed following the Second World War were tried by a military court they were executed by firing squad
.
On 1999-01-01 protocol number six, forbidding the death penalty in all circumstances, of the European Convention of Human Rights came into force and Belgium has also signed the second optional protocol of the International Covenant on Civil and Political Rights
. On 2 February 2005, the prohibition of the death penalty was included in the Belgian Constitution
by inserting an Article 14bis.
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
was formally abolished on August 1, 1996 for all crimes, in both peacetime and wartime. The last execution for crimes committed in peacetime took place in July 1863, when in Ypres
Ypres
Ypres is a Belgian municipality located in the Flemish province of West Flanders. The municipality comprises the city of Ypres and the villages of Boezinge, Brielen, Dikkebus, Elverdinge, Hollebeke, Sint-Jan, Vlamertinge, Voormezele, Zillebeke, and Zuidschote...
a farmer was executed for murder. The last execution for an ordinary crime took place on 26 March 1918 at Veurne Prison when Emile Ferfaille, a military officer found guilty of killing his pregnant girlfriend, was guillotined
Guillotine
The guillotine is a device used for carrying out :executions by decapitation. It consists of a tall upright frame from which an angled blade is suspended. This blade is raised with a rope and then allowed to drop, severing the head from the body...
. This was the first execution to be carried out since 1863. The guillotine that was used had to be imported from France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
.
Between November 1944 and August 1950 around 242 people were executed by firing squad for crimes committed during the Second World War. 241 of them had been convicted as collaborators
Collaborationism
Collaborationism is cooperation with enemy forces against one's country. Legally, it may be considered as a form of treason. Collaborationism may be associated with criminal deeds in the service of the occupying power, which may include complicity with the occupying power in murder, persecutions,...
. A total of 2940 persons were sentenced to death in this period, but only 242 executions were carried out. The last person ever to be executed in Belgium was the German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
war criminal
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
Philipp Schmitt, the camp commander of the concentration camp
Nazi concentration camps
Nazi Germany maintained concentration camps throughout the territories it controlled. The first Nazi concentration camps set up in Germany were greatly expanded after the Reichstag fire of 1933, and were intended to hold political prisoners and opponents of the regime...
Fort Breendonk
Fort Breendonk
Fort Breendonk is a fortification built in 1906 as part of the second ring of defences around the city of Antwerp . Originally one in a chain of fortresses constructed to defend Belgium against a German attack, Breendonk was near the town of the same name, about 12 miles southwest of Antwerp...
. Although the Belgian Penal Code stipulated that the death penalty had to be carried out by decapitation
Decapitation
Decapitation is the separation of the head from the body. Beheading typically refers to the act of intentional decapitation, e.g., as a means of murder or execution; it may be accomplished, for example, with an axe, sword, knife, wire, or by other more sophisticated means such as a guillotine...
, because the 242 persons executed following the Second World War were tried by a military court they were executed by firing squad
Execution by firing squad
Execution by firing squad, sometimes called fusillading , is a method of capital punishment, particularly common in the military and in times of war.Execution by shooting is a fairly old practice...
.
On 1999-01-01 protocol number six, forbidding the death penalty in all circumstances, of the European Convention of Human Rights came into force and Belgium has also signed the second optional protocol of the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
. On 2 February 2005, the prohibition of the death penalty was included in the Belgian Constitution
Constitution of Belgium
The Constitution of Belgium dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. The Constitution established Belgium as a centralised unitary state...
by inserting an Article 14bis.