Belgium is exploring plans to rent or build prison facilities in the Balkans to house convicted foreign nationals, as part of a broader strategy to address prison overcrowding and tighten migration enforcement. The move, officials say, aims to link migration control more closely with criminal justice — but has raised legal and human rights concerns.
Exploring Prison Partnerships in Kosovo and Albania
Justice Minister Annelies Verlinden and Asylum and Migration Minister Anneleen Van Bossuyt recently led a three-day mission to Kosovo and Albania to examine options for leasing or constructing prison space outside the European Union. Talks also covered cooperation on organized crime, trafficking, and asset recovery, according to The Brussels Times.
Belgium’s prisons currently hold 13,689 inmates for just 11,040 places, creating what Amnesty International calls “structural overcrowding.” Around 43% of prisoners are foreign nationals, though only about 31% lack residence rights — complicating assumptions about who could legally be transferred abroad.
Van Bossuyt has argued that foreign offenders without residency rights should serve their sentences abroad, stating:
“Anyone staying illegally in our country and committing crimes must leave — either to their country of origin or to a prison outside Belgium.”
Learning from the Denmark-Kosovo Model
The proposal follows Denmark’s 2021 deal with Kosovo, under which Copenhagen is renting 300 prison cells in Gjilanfor foreign inmates. Belgium previously rented prison space in the Netherlands between 2010 and 2016 to ease similar pressures.
Any Belgian deal would require compliance with EU and Council of Europe laws, including the 1983 Strasbourg Convention and the EU Framework Decision 2008/909/JHA, which require bilateral agreements and typically the prisoner’s consent.
Legal and Human Rights Questions
Rights groups warn that outsourcing detention could blur accountability, as Belgium would still bear legal responsibility for prison conditions under the European Convention on Human Rights.
Both Amnesty International and Belgium’s Central Monitoring Council for Prisons have urged the government to expand domestic capacity and ensure strong oversight mechanisms if any foreign facility is established.
Government data suggests only about 255 cases currently meet the legal conditions for transfer — less than 2% of the total prison population, highlighting limited short-term impact.
Broader Migration and Deportation Policy
The prison proposal comes alongside Belgium’s push to accelerate migrant returns, especially for Afghan nationals. On October 3, Minister Van Bossuyt announced plans to seek EU support for “technical cooperation” with Taliban authorities to confirm identities of Afghans slated for deportation — despite Belgium having no diplomatic ties with Afghanistan since 2021.
Van Bossuyt said Belgium would coordinate with Germany, France, Denmark, and Austria under the EU Migration Pact to develop a joint European approach for returns.
“For those who have no future in the European Union, the message must be clear: return is the only option,” she stated.
Part of a Regional Trend
Belgium’s initiative mirrors growing European interest in outsourcing detention and return operations. The United Kingdom has also explored establishing a migrant-return hub in the Western Balkans, with Kosovo emerging as a potential host country.
However, analysts caution that political instability and foreign influence in the region could complicate implementation.
What Happens Next
Talks with Albania and Kosovo remain exploratory, and no agreements have been signed. Belgian officials say that even in optimal conditions, a foreign prison facility would take three to five years to become operational.
Any final deal would need to balance migration enforcement with legal obligations and human-rights compliance, positioning Belgium’s initiative as part of a broader European migration management strategy linking security, diplomacy, and judicial cooperation.