Belgium: In solidarity with the 18-Day Campaign to End Violence against Women (VAW), the Philippine Embassy in Belgium organized on 14 December 2018 at the Embassy premises 3rd Consultation Meeting to Establish the Women Helping Women Network (WHW) back-to-back with a Seminar on Learning Protocols to Protect Victims and Survivors of VAW.
At the WHW meeting, which is part of the Embassy’s Gender and Development program, volunteers from the Filipino Community heeded the Embassy’s call to assist kababayans in distress and gave their commitment as focal points in six (6) of the identified regions in Belgium. These regions cover the areas of West Flanders, East Flanders, Antwerp, Flemish Brabant, Brussels Capital Region, and Liège.
The VAW Seminar brought together a panel of resource speakers composed of Mr Ronny de Blaere, Judicial Commissioner at the Federal Judicial Police in Deinze; lawyer Jean-Yves Marichal; and Mr Gerd Rosewick, a Judge in the German- and French-speaking court in Liège.
Mr. de Blaere gave the following advice:
• VAW usually begins with little things that initially annoy each partner and later on graduates into something more serious, which can oftentimes be attributed to a lack of understanding of each other’s cultures;
• Victims should prioritize their own safety and that of their children;
• Find someone trustworthy who can assist;
• Collect evidence such as photographs; and
• Call the Embassy and get professional help such as medical professionals, the police, and a lawyer.
When assisting a victim, be mindful of the following:
• Listen to the victim’s story;
• Do not condemn the victim;
• Do not impose opinions; and
• Do not give out well-meaning but wrong advice
When reporting a crime, follow this procedure:
• File a complaint where the crime happened or where the suspect lives;
• Complainants can be assisted by a lawyer;
• A statement can be made in any language;
• A police officer can be required to write down a statement literally;
• Documents can be added to the file at any time;
• It is possible to register as a disadvantaged person;
• Complainants can file a civil party; and
• The police are bound by professional secrecy.
Suspects also have rights:
• The right to know the charges filed against them;
• The right to get a lawyer;
• The right to make a statement, answer questions, or remain silent.
Mr Marichal assured the audience not to be worried about the financial aspects of going through with a case because judicial assistance can be requested from a judge. It is possible to request a pro deo lawyer who will take on the case for free if at least one of the following conditions is met:
• Those who are younger than 18 years;
• Singles earning less than 1,200 euros per month; or
• Couples earning less than 1,300 euros per month.
Mr Rosewick explained that the appreciation of cases in Belgium is mainly based on the submitted written file, which includes the various statements, investigation reports, and other evidence.
The judge, public prosecutor, and lawyers all read this file beforehand, so there are no surprises during the hearings.
A jury is called upon only during murder trials, and there is only one judge assigned during cases, except for sexual assault cases, where three judges are assigned.
Witnesses and experts, including victims and defendants, generally no longer appear before a judge unless clarificatory questions need to be answered. However, victims are usually advised to attend the hearings as judges also glean from impressions that they derive from victims.
The following are the general steps followed during trial hearings in Belgium:
• The Judge summarizes the case and then asks the defendant to enter a plea;
• Questioning usually only takes 5 to 10 minutes;
• The victim can request compensation for damages (evidence such as receipts for expenses incurred in relation to the case are important);
• It is usually the judge that asks the victim questions in a respectful manner;
• The opposing lawyer needs the permission of the judge to ask questions, which results in the victim not being verbally aggrieved by the lawyers in the courtroom;
• The prosecutor is usually on the victim’s side, and only the prosecutor can ask for punishment;
• The defendant always has the last word;
• Judgements to convict or acquit the defendant are usually pronounced after 1 month;
• Victims cannot appeal against an acquittal (only the prosecutor can) or the severity (or lack thereof) of punishment;
• The amount awarded in compensation can be appealed within 30 days; and
• Three judges will sit in trial for cases heard on appeal.
While there are some similarities between Philippine and Belgian trial procedures, the above points illustrate that they are also quite different.
Philippine Ambassador to Belgium Eduardo José A. de Vega thanked the resource speakers for sharing their time and expertise in providing important information to the Filipino Community on helping and protecting victims and survivors of VAW.
The Ambassador also thanked the Filipino community and other Belgian friends for volunteering to be part of the WHW Network, which is aimed at providing assistance to Filipinos in distress in Belgium.
The Philippine Embassy also took the initiative to brief members of the Filipino Community in Luxembourg on the Philippine government’s anti-VAW campaign during a consular outreach mission on 8 December 2018. Luxembourg is under the Embassy’s concurrent jurisdiction.
Brochures with additional information on PH laws on VAW were also distributed to participants during the two events in Brussels and Luxembourg.
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