Belgium: Schengen Conference
01 March 1992
The University of Gent in Belgium organized on 31 January a conference on legal and political cooperation in the framework of the Schengen convention. One of the nation's highest legal authorities, the chief public prosecutor of Gent, Mr. Bauwens, criticized the Belgian Ministry of Justice for its refusal to give him a copy of the Schengen agreements. Mr Bauwens said the Gendarmerie coordinates the international exchange of legal information with no control whatsoever from Belgian legal authorities.
Colonel Bruggeman, of the Gendarmerie, warned that some pro-active techniques such as undercover operations, controlled drugs deliveries and telephone tapping are subject to different national laws and will give rise to legal problems if brought to court in another country. For example, Belgium does not have any law governing these surveillance techniques, solely operating under guidelines from the Ministry of Justice. He also had personal knowledge that non-official international groups such as "Air and Seaports" were building up their own international coordination without any oversight. He noted that information on extradition of illegal aliens is sometimes not sent through Interpol because of the overreaction of home country authorities and resulting ill-treatment of illegal immigrants returned to their homeland.
Another speaker, Professor Van den Wijngaert, said the police will have uncontrolled powers under the Schengen Agreement to choose the place, the country, and the moment to arrest and bring a suspect to court. But how, he asked, will judges and defence lawyers be able to determine the source and legality of the evidence gathered?