1 MARCH 1999. - An Act to amend the Act of 18 July 1991 on the Control of Police and Intelligence Services (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Find$$|AGA Item 1^er the first paragraph is replaced by the following:
"It is established, on the one hand, a Standing Committee for the Control of Police Services and, on the other, a Standing Committee for the Control of Intelligence and Security Services. In particular, control is focused on the protection of the rights conferred by the Constitution and the law on persons, as well as on the coordination and effectiveness of police services and, on the other hand, information and security services. »
Art. 3. In section 2 of the Act, the second paragraph shall be replaced by the following provisions:
"The control referred to in this Act is organized without prejudice to the controls and inspections conducted by or under other laws. In the event of control or inspection conducted by or under other Acts, the control referred to in this Act, relating to the activities, methods, documents and directives of the police and intelligence and security services, shall be carried out only to ensure the execution of the duties provided for in this Act. »
Art. 4. Article 3, paragraph 1^er, 2°, of the same law is replaced by the following provision:
"2° "intelligence and security services", the State Security and the General Intelligence and Security Service of the Armed Forces. »
Art. 5. The following amendments are made to section 4 of the Act:
1st paragraph 1^er is replaced by the following provision:
"The Standing Committee on the Control of Police Services, hereafter referred to as the Standing Committee P, consists of five effective members, including a Chair and a Vice-Chair. An alternate is appointed for each of them. All are appointed by the House of Representatives, who may revoke them if they perform any of the functions or activities or any of the jobs or mandates referred to in paragraph 4, or for serious reasons. »;
2° paragraph 3, 5°, is replaced by the following provision:
"5° demonstrate a relevant experience of at least seven years in the field of criminal law or criminology, public law, or management techniques, acquired in functions close to the operation, activities and organization of police services or intelligence and security services, as well as having performed functions at a high level of responsibility. »;
3° Paragraph 3 is supplemented by a 6°, which reads as follows:
"6° possessing the qualities of loyalty, discretion and integrity essential to the processing of sensitive information or having a security clearance of the "very secret" level under the Act of 11 December 1998 on classification and security clearances. »;
Paragraph 5 is replaced by the following provision:
"The president must be a magistrate. »
Art. 6. The following amendments are made to section 5 of the Act:
1° the first two sentences are replaced by the following provision:
"The Clerk is appointed by the House of Representatives, who may revoke or terminate his duties in the cases referred to in section 4. »
2° the article is completed by an 8°, written as follows:
"8° possessing the qualities of loyalty, discretion and integrity indispensable to the processing of sensitive information or having a security clearance of the "very secret" level under the Act of 11 December 1998 on classification and security clearances. »
3° the article is supplemented by a paragraph 2, which reads as follows:
"Before taking office, the Clerk shall, in the hands of the Speaker of the House of Representatives, take the oath prescribed by Article 2 of the Decree of 30 July 1831. »
Art. 7. The following amendments are made to section 6 of the Act:
1° to 1^er the words "is renewable only once" are replaced by the words "is renewable only twice";
2° paragraph 2 is deleted;
3° in paragraph 3, the words "or the Senate, as appropriate" are deleted;
4° the article is supplemented by the following paragraphs:
"For the appointment of an alternate, the conditions prescribed in section 4, paragraph 4, shall be checked by the House of Representatives upon entry into office.
Before taking office, the members of Standing Committee P shall, in the hands of the President of the House of Representatives, take the oath prescribed by Article 2 of the Decree of 30 July 1831. »
Art. 8. Section 8 of the Act is supplemented by the following paragraph:
"When Standing Committee P acts as an initiative, he immediately informs the House of Representatives. »
Art. 9. The following amendments are made to section 9 of the Act:
1° in paragraph 3, the words "and in the Senate" are deleted twice;
2° the article is supplemented by the following paragraphs:
"Permanent Committee P cannot render an opinion on a bill, royal decree, circular, or on documents of all kinds expressing the political orientations of the competent ministers only at the request of the House of Representatives, the Senate, or the competent minister.
When Standing Committee P acts at the request of the competent minister, the report is submitted to the House only after the term set out in section 11, 3°. However, the chair of the follow-up commission referred to in section 66bis is informed of the Minister's request to Standing Committee P and the content of the report before the end of the period referred to in section 11, 3°. »
Art. 10. Section 10 of the Act is supplemented by the following paragraph:
"If a complaint or denunciation is dealt with simultaneously by the general inspection of the federal police and the local police and by the investigative department of Standing Committee P, and that the person who filed the complaint or made the denunciation has not expressly requested the intervention of the Committee, the Committee may decide not to proceed with this complaint or denunciation. »
Art. 11. Article 11, 3°, of the same law is supplemented by the following words:
"This period cannot be less than sixty days. »
Art. 12. Section 12 of the Act is supplemented by the following sentence:
"If the investigation is in response to a request from a competent minister, the agreement is required prior to the communication of the investigation file, unless the time limit provided for in section 11, 3°, is expired. »
Art. 13. Section 13 of the Act is supplemented by the following paragraph:
"The reports and conclusions made public include this opinion from the competent ministers and the competent authorities. »
Art. 14. In section 14 of the Act, the following paragraph shall be inserted after paragraph 1^er :
"The King's Attorney, the Labour Auditor, the Federal Prosecutor or the Attorney General near the Court of Appeal, as the case may be, shall inform the Chairperson of the P Committee whenever an information or instruction for a crime or offence is open to a member of a police service. »
Art. 15. Article 14bis, as follows, is inserted in the same law:
"Art. 14bis. Standing Committee P also investigates the activities and methods of the general inspection of the federal police and the local police. Without prejudice to this mission, he works with the general inspection to ensure his legal duties to control police services. The general inspection of the federal police and the local police shall forthwith address to Standing Committee P a copy of the complaints and denunciations it has received concerning the police services and the provision of the controls. If a control is requested by a competent minister, the agreement is required before any communication.
Competent disciplinary authorities inform the Committee on Disciplinary Measures and Orders issued against a member of a police service on a monthly basis. »
Art. 16. Find$$|AGA Section 15 of the Act are the following amendments:
1° in paragraph 1^er, the words "and on the head of this service" are inserted between the words "police services" and the words "trusted to him";
2° Paragraph 2 is replaced by the following provision:
"However, when carrying out a judicial police mission, the chief and the members of the investigative department are subject to the supervision, according to the distinction established by law, of the Attorney General at the Court of Appeal, of the Federal Prosecutor or of the Auditor General at the Military Court. »
Art. 17. In section 16 of the Act, the following paragraph is inserted between paragraph 3 and paragraph 4:
"The execution of judicial investigations cannot jeopardize the execution of other investigative missions. Find$$ AGA for this purpose, the Minister of Justice, pursuant to section 143ter of the Judicial Code and on the proposal of Standing Committee P, determines the investigations of offences and crimes committed by police officers who are primarily entrusted to the P Investigation Service, on the other hand, to the general inspection of the federal police and local police or to the police services. »
Art. 18. Section 20 of the Act is supplemented by the following paragraph:
"In order to be appointed, they must have the qualities of loyalty, discretion and integrity that are essential to the processing of sensitive information or have a security clearance of the "very secret" level under the Act of 11 December 1998 on classification and security clearances. »
Art. 19. An article 20bis, as follows, is inserted in the same law:
"Art. 20bis. Standing Committee P designates, among the members of the Investigation Service P and on the proposal of the Chief of Investigation Service P, investigators who will be specially responsible for carrying out the judicial investigations referred to in Article 16, paragraphs 3 and 4.
The number of investigators may not be less than half the number of investigators in the investigative department or more than two thirds of the number of investigators. The Chief of Investigations Service P cannot entrust the execution of the requisitions that he receives from the judicial authorities to the other members of the Investigation Service, unless agreed by the Chairman of Committee P."
Art. 20. The following amendments are made to section 28 of the Act:
1st paragraph 1^er is replaced by the following provision:
"The Standing Committee on the Control of Intelligence and Security Services, referred to as the "Permanent Committee R", consists of a permanent effective member, who is the Chair of the Standing Committee, and two non-permanent members. The permanent effective member shall serve on a full-time basis. An alternate is appointed for each of them. All are appointed by the Senate, which may revoke them if they perform any of the functions or activities or any of the jobs or mandates referred to in paragraph 4, or for serious reasons. »;
2° paragraph 3, 5°, is replaced by the following provision:
"5° to hold a degree from the Licensee in Law and to demonstrate a relevant experience of at least seven years in the field of criminal law or criminology, public law, or management techniques, acquired in functions close to the operation, activities and organization of police services or intelligence and security services, as well as having performed functions at a high level of responsibility. »;
3° the third paragraph is supplemented by a 6°, which reads as follows:
"6° hold a security clearance of the "very secret" level under the Act of 11 December 1998 on classification and security clearances. »;
Paragraph 5 is replaced by the following paragraph:
"The president must be a magistrate. »;
5° the article is supplemented by the following paragraph:
"The decisions that this Act or other Acts assign to Standing Committee R shall be taken in plenary meeting. »
Art. 21. The following amendments are made to section 29 of the Act:
1° the first two sentences are replaced by the following provision:
"The Clerk is appointed by the Senate, who may revoke or terminate his duties in the cases referred to in section 28, paragraph 4. »;
2° the article is completed by an 8°, written as follows:
"8° hold a security clearance of the "very secret" level under the Act of 11 December 1998 on classification and security clearances. »;
3° the article is supplemented by a paragraph 2, which reads as follows:
"Before taking office, the Clerk shall, in the hands of the Speaker of the Senate, take the oath prescribed by section 2 of the Order of 30 July 1831. »
Art. 22. The following amendments are made to section 30 of the Act:
1° to paragraph 1^er, the words "is renewable only once" are replaced by the words "is renewable only twice";
2° paragraph 2 is deleted;
3° the article is supplemented by the following paragraphs:
"For the appointment of an alternate, the conditions prescribed by section 28, paragraph 4, shall be checked by the Senate at the time of its entry into office.
Before taking office, the members of Standing Committee R shall, in the hands of the Speaker of the Senate, take the oath prescribed by section 2 of the Order in Council of 30 July 1831. »
Art. 23. In section 31, 2°, of the same law, the words "administration of" are deleted.
Art. 24. Section 32 of the Act is supplemented by the following paragraph:
"When Standing Committee R acts as an initiative, he immediately informs the Senate. »
Art. 25. The following amendments are made to section 33 of the Act:
1° in the second sentence of paragraph 2, the words ", or its chair on behalf of the said Committee" are inserted between the words "The Standing Committee R" and the words "and the Investigation Service";
2° in paragraph 3, the words "in the House of Representatives and" are deleted twice.
3° the article is supplemented by the following paragraphs:
"Permanent Committee R cannot render an opinion on a bill, a royal decree, a circular, or on documents of any kind expressing the political orientations of the competent ministers only at the request of the House of Representatives, the Senate, or the competent minister.
When Standing Committee R acts at the request of the competent minister, the report is submitted to the Senate only after the term set out in section 35, 3°. The Chair of the Follow-up Commission referred to in section 66bis is informed of the Minister's request to Standing Committee R and the content of the report before the end of the period referred to in section 35, 3°. »
Art. 26. Section 35, 3° of the Act is supplemented by the following words:
"This period cannot be less than sixty days. »
Art. 27. Section 36 of the Act is supplemented by the following sentence:
"If the investigation is in response to a request from a competent minister, the agreement is required prior to the communication of the investigation file, unless the time limit set out in section 35, 3°, is expired. »
Art. 28. Section 37 of the Act is supplemented by the following paragraph:
"Reports and conclusions made public include the advice of competent ministers and competent authorities. »
Art. 29. In section 39 of the Act, the words "The Standing Committee R" are replaced by the words "The Chair of the Standing Committee R".
Art. 30. In the second paragraph of section 42 of the Act, the words "with Standing Committee R" are replaced by the words "with the Chair of Standing Committee R".
Art. 31. Section 45 of the Act is supplemented by a paragraph, which reads as follows:
"In order to be appointed, they must have a security clearance of the "very secret" level under the Act of 11 December 1998 on classification and security clearances. »
Art. 32. In Article 48, § 4, paragraph 2, of the same law, the words "or vice-president" are deleted.
Art. 33. The following amendments are made to section 58 of the Act:
1st paragraph 1^er is replaced by the following provision:
"Each Standing Committee shall appoint and revoke, on initiative or on the proposal of the Clerk, the members of its administrative staff. »;
2° in the second paragraph, the words "on the clerk and" and the words "in respect of the staff" are deleted.
Art. 34. Find$$|AGA Section 60 of the Act are the following amendments:
1° paragraph 2 is replaced by the following provision:
"The Standing Committee P rules of procedure are approved by the House of Representatives. The Standing Committee R rules of procedure are approved by the Senate. »;
2° the article is supplemented by the following paragraphs:
"The rules of procedure for joint meetings are approved by the House of Representatives and the Senate.
Pursuant to paragraphs 2 and 3, the House of Representatives and the Senate may amend the rules of procedure after taking the opinion of the Standing Committee concerned. The notice is deemed favourable if it has not been rendered within sixty days of the application. »
Art. 35. Find$$|AGA section 61 of the Act, replaced by the Act of 15 December 1993, are amended as follows:
1° to § 1^erParagraph 1^er, first sentence, the words "Members of Standing Committees" are replaced by the words "Members of Standing Committee P and the Chair of Standing Committee R";
2° to § 1^erParagraph 1^er, second sentence, the words “are applicable to members of the Standing Committees” are replaced by the words “they are applicable to them”;
3° to § 1^er, paragraph 2, the words "Permanent Committee members" are replaced by the word "They";
4° to § 1^er, paragraph 3, the words "one eighteenth" are replaced by the words "one twentieth";
5° 1 § 2 (new) is inserted after § 1^er :
Ҥ2. Unless revoked, when terminated the functions of a member of a Standing Committee or when his or her mandate is not renewed, he or she shall be entitled to a lump sum allowance equivalent to the last eighteen months of gross monthly salary.
This allowance is reduced to competition when it is granted before the expiry of the first five-year term.
shall be excluded from the benefit of this allowance:
(1) the members to whom section 65 applies;
2° the members who were members of a police service or intelligence and security service prior to their appointment to the Standing Committee and who reintegrate that service. »
6° a new § 3, written as follows, is inserted after § 2 new:
“§3. The actual non-permanent members of Standing Committee R are entitled to chips of presence equivalent to the thirtieth of the gross monthly salary of the Chairman of that Committee. »
7° § 2 becomes § 4.
Art. 36. An article 61bis, as follows, is inserted in the same law:
"Art. 61bis. The Chair of each Standing Committee shall, in accordance with collegiality, oversee the meetings of the Committee and the day-to-day management of its activities. It ensures the implementation of the rules of procedure, the proper functioning of the Committee and the proper execution of its missions. It also ensures that the execution of judicial police missions does not interfere with the execution of the monitoring investigations. Find$$ AGA for this purpose, it organizes the necessary consultations with the competent judicial authorities. »
Art. 37. Section 62 of the Act is replaced by the following provision:
"Art. 62. Under the supervision of the respective Standing Committee, the Clerk of each Committee shall serve as the secretariat of the meetings of the Committee, shall prepare its minutes and shall ensure that the documents are shipped, the preservation and protection of the secrecy of documentation and archives. It provides for the management of administrative personnel, provided that the authority over it has been delegated to it in accordance with section 58, paragraph 2, of the infrastructure and equipment of the Committee, prepares its budget and is the accountant. »
Art. 38. Section 64 of the Act is replaced by the following provision:
"Art. 64. The members of the Standing Committees, the Clerks, the members of the Investigation Services and the administrative staff are responsible for the secrets entrusted to them in the exercise of their mission. The secret remains even when they ceased their duties.
Without prejudice to section 458 of the Criminal Code, they shall be punished by imprisonment from eight days to one year and a fine of one hundred francs to four thousand francs or by one of these penalties only if they reveal these secrets in other circumstances than those provided for by the law or by the rules of procedure. »
Art. 39. In section 65, § 2, of the Act, as amended by the Acts of 15 December 1993 and 21 December 1994, the following amendments are made:
1st paragraph 1^er is completed as follows:
"and head of an Investigation Service of one of these Standing Committees";
2° paragraphs three and four are replaced by the following:
"The magistrate of the Public Prosecutor's Office who is appointed as a member of a Standing Committee or Chief of an Investigation Service retains his place on the list of ranks and is expected to have served. During the duration of the mission he ceases to perceive the treatment attached to his function in the judicial order.
To the extent that this is a full-time mission, it may be provided for the replacement of a magistrate near the court of appeal or the court of work by appointment and, where applicable, by way of an over-numbered appointment.
Article 323bis, paragraph 3, of the Judicial Code is applicable if the magistrate of the public prosecutor concerned is head of the body. »
Art. 40. An article 66bis, as follows, is inserted in the same law:
"Art. 66bis. § 1^er. The House of Representatives and the Senate shall each establish a standing committee for follow-up, respectively Standing Committee P and Standing Committee R.
The House of Representatives and the Senate provide in their respective regulations the rules relating to the composition and operation of each committee.
§ 2. Each committee oversees the operation of the respective Standing Committee, ensures compliance with the provisions of this Act and the rules of procedure.
The Committee of the House of Representatives shall also carry out the tasks assigned to the House of Representatives by articles 8, 9, 11, 2 and 3, 12, 32, paragraph 1^er33, paragraphs 7, 35, 2 and 3, 36 and 60.
The Standing Committee of the Senate shall also carry out the duties of the Senate under rule 8, paragraph 1^er, 9, paragraphs 7, 11, 2° and 3°, 12, 32, 33, 35, 2° and 3°, 36 and 60.
§ 3. The standing committees shall serve together to:
1° to review the annual reports of the Standing Committees before publication, in the presence of their members. The Commission ' s conclusions are attached to the reports;
2° to consider the draft budget of the Standing Committees;
3° Supervising the functioning of the Standing Committees in the cases referred to in articles 52 to 55.
They may also sit together to analyze the results of an inquiry requested by the House of Representatives to Standing Committee R or by the Senate to Standing Committee P.
§ 4. Each committee meets at least once a quarter with the chair or members of the Standing Committee concerned. In addition, it may meet either at the request of the majority of the members of the Commission, either at the request of the Chairman of the Standing Committee or at the request of the majority of the members of the Standing Committee.
The Commission may have before it any denunciation made by a member of the relevant Standing Committee concerning the malfunction of the Committee or the non-compliance with this Act or the rules of procedure.
The Commission may make recommendations to the respective Standing Committee or to each member of the Standing Committee regarding the operation of the Standing Committee, compliance with this Act or the rules of procedure.
§ 5. The members of the commissions shall take the necessary measures to ensure the confidentiality of the facts, acts or information they are aware of as a result of their functions and shall be subject to a confidentiality obligation. They are custodian of the secrets entrusted to them in the exercise of their mandate and even when they have ceased their functions.
Any breach of this obligation of confidentiality and secrecy shall be punished in accordance with the rules of the Chamber to which they belong. »
Art. 41. By derogation from section 6 of the Act and section 7 of this Act, the appointment of members of Standing Committee P who are on the date of entry into force of this Act shall terminate the appointment of new members.
By derogation from section 30 of the Act and section 22 of this Act, the appointment of members of Standing Committee R who are on the date of entry into force of this Act shall terminate the appointment of new members.
Members referred to in subparagraphs 1^er and 2 shall be paid during the period in which they have performed their duties under sections 6 or 30 of the Act of a remuneration equivalent to the difference between their treatment as a member of the Standing Committee and the treatment they receive after the end of their duties.
This compensation is reduced to due competition when it is awarded before the member concerned has served his or her duties for five years.
Art. 42. Before the entry into force of sections 143 to 149 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, the provisions of section 15 of this Act are applied to the general inspection of the gendarmerie, to the general inspection of the judicial police near the prosecutors and to the internal control services of the municipal police.
Art. 43. By derogation from sections 20 and 44 of the Act of 18 July 1991 on the control of the police and intelligence services, the detachment of the members of the Investigation Service P and the Investigation Service R, which expires between the date of entry into force of this Act and 31 December 1999 ends on 31 December 1999.
Art. 44. This Act comes into force on the date of its publication to the Belgian Monitor, except sections 29, 30 and 35, which come into force on the date of the appointment of new members of Standing Committee R and section 39 which comes into force on the date of the entry into force of section 61 of the Act of 22 December 1998 amending certain provisions of Part II of the Judicial Code concerning the Supreme Council of Justice, the appointment and designation of magistrates
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Zermatt, 1^er April 1999.
ALBERT
By the King:
The Prime Minister,
J.-L. DEHAENE
The Minister of the Interior,
L. VAN DEN BOSSCHE
Minister of National Defence,
J.-P. PONCELET
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Regular session 1998-1999.
Senate.
Parliamentary documents. - Bill No. 1-1268/1. - Amendments, no. 1-1268/2. - Report, no. 1-1268/3. - Text adopted by the commission, no. 1-1268/4. - Text adopted in plenary and transmitted to the House of Representatives, No. 1-1268/5.
Annales parliamentarians. - Discussion and adoption. Session of March 18, 1999.
House of Representatives.
Parliamentary documents. - Project transmitted by the Senate, No. 2081/1. - Report, no. 2081/2. - Text adopted in plenary session, no. 2081/3.
Annales parliamentarians. - Discussion and adoption. Meetings of March 25 and 1^er April 1999.