The court stated that the transfer of convicts should be carried out case by case under the control of the judicial system through the Court of First Instance.
On March 3, 2023, the Belgian Constitutional Court ruled that the government of Belgium must inform the plaintiffs, including Mrs. Maryam Rajavi and the National Council of Resistance of Iran (NCRI), of its intention to transfer a convicted person to Iran. The court’s decision allows the plaintiffs to challenge the matter and have it reviewed by the court of first instance.
The court approved five treaties ratified by the Belgian parliament last July, including those related to India, the UAE, the Iranian regime, and the Strasbourg protocol. However, the court stated that the transfer of convicts should be carried out case by case under the control of the judicial system through the Court of First Instance. The ruling ensures that the government cannot arbitrarily transfer convicts without proper legal oversight.
The judgment of the Belgian Constitutional Court explicitly refers to Article 13 of the European Convention on Human Rights, which guarantees that everyone whose rights and freedoms as set forth in the convention are violated shall have an effective remedy before a national authority.
This ruling underscores the court’s determination to protect the rights of all parties involved in the transfer of convicted persons, including victims of terrorism and their families.
The NCRI’s Judiciary Committee has requested the support and assistance of all compatriots abroad, especially Iranian expatriates in Belgium. The NCRI will continue to vigorously pursue the legal process, which has been ongoing for eight months without interruption.
According to the verdict of the Constitutional Court, the Belgian government must balance the interests of all parties when deciding to transfer a convicted person and must ensure the right to life of the victims, which is guaranteed in the European Convention on Human Rights. The court’s decision provides an effective solution to the decision to transfer convicts.
The NCRI’s Judiciary Committee has expressed concern that the Iranian regime, led by the murderer Ebrahim Raisi and his foreign minister Hossein Amir-Abdollahian, is using all government resources and spending huge sums to repatriate their diplomat terrorist bomber and his three accomplices to Iran.
The ruling of the Belgian Constitutional Court is an important step forward in the fight against terrorism and the protection of human rights.
It ensures that the transfer of convicts will be subject to proper legal oversight and that the rights of all parties involved will be protected. The NCRI’s Judiciary Committee calls on all compatriots abroad to support their efforts and to continue to fight for justice and human rights.
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