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Droit Fondamental

Marcel Vervloesem’s survival compromised by a lack of royal signature on a voted law

Albert II of Belgium still has not signed the law allowing the courts of the sentence application to release a prisoner for health reason, which the government justifies due to lack of "means"; this is to say to finance the health care of the prisoners, which are offered to the rest of the population. The King has, consequently a part of responsability in the sentence of Marcel Vervloesem to 6 extra months of deprivation of health care, of which to a 4.5 year old cancer.

To judge the consequences of the acts by which acute pains and serious physical or morals sufferings were intentionally inflicted to Marcel in prison, such as an incredible dehydration regime which led to 6 hospitalizations in intensive care, 5 major surgical interventions and now the quasi blindness of an eye, the court of the sentence application based its judgment on an Internet research, out of the tribunal, and out of all request of judgment, rather than on the parts of the dossier. They read the entire website "Droit Fondamental", that is to say several hundreds of reports and articles, on the application of the international laws in Europe.

The judgement ensures that this site, which raises from the right to information, "criticizes justice". It cites the president of the ONG Werkgroep Morkhoven, who is not part of the dossier and has not access to the management of the site, to deprive Marcel of vital treatments as from the "place of the crime", which is not ascribable nor neither to one, nor to the other. The presence of that name in the judgment shows that this imprisonment has for sole objective to reduce to silence the NGOs who exposes the Zandvoort file. Silence can only condemn me to die in prison in view to silence you, says Marcel. Carry on exposing.

The Council of State has already considered being illegal, a sanction for the publication of comments of which Marcel could not be held responsible, because he was not its authors. Remain to be seen what the Court of cassation will think of it.

Even more extraordinary, the magistrates would have guessed an element which is not on the website, but possibly in a social investigation of the justice ministry, which has disappeared from the file and thus, to which the tribunal did not have access. In other words, either these magistrates are clairvoyants, or the judgement was dictated by the ministry that possess this document. This will leave the Higher Council of Justice to judge of the respect of the separation of the capacities between the ministries and the magistrates, as in the Fortis case.

The Minister of justice, in his Christian democratic charity, thus officially raises Belgium to the rank of the dictatorships, but to show he is fair and good, he has conceded that Marcel could file a new request for parole on December 22, 2009, knowing that the European Court of Human Rights was supposed to save him from torture since last December. He also concedes an appointment with an ophthalmologist and the possibly grant to him glasses, to repair the consequences of the Belgian dehydration regime in prison.

The ministry of justice said to Belga having granted 18 releases on paroles for health reasons in 2007 and 2008, but strangely, acknowledges not keeping the account of the prisoners alive and supposes that they are all dead. In other words, the ministry does not follow the respect the respect of the parole imposed to these prisoners. In the same article, Dr. Proot, Marcel's doctor at the prison of Bruges, who used to assure him that he was fighting to get his release on parole for health reason, says that quasi no prisoner dies in prison, except those who commit suicide. According to an article of Dr. Proot going back to 2003, 20% of the prisoners have hepatitis, which is explained by important concentration of drug addicts in the prisons. Hepatitis degenerates into cancer and cirrhoses for lack of treatment, but the estimated number of 2000 prisoners in Belgium cannot be treated, by "lack of means".

The unexpected survival of Marcel in prison has shown another problem, different from the sexual exploitation of children whom justice pretends non existent, but equally as serious, he says. The Belgian prisons are indisputably death camps, of which he is not the only victim.

The ministry of justice, by administrative decision, prohibits any hospitalization which is not likely to end-up in the mortuary. For top of cynicism, the prison warders, whose mission is to watch and assure the well-being of prisoners in good health, are in charge of controlling every fifteen minutes, the state of the dying prisoners, in order to call the ambulance in time for them to die in hospital. The ministry does not advise the prisoners of these administrative decisions, in such a way to prevent that they may oppose it to the Council of State. Cancer can be treated in any hospital, but these treatments are not accessible to the prisoners, who are only surgically opened and closed for administrative requirements, only when their death appears to be inevitable.

This explains why Dr Proot, though cancer specialist, did not in 9 months, do the treatment protocol of Marcel's cancer, which the doctor of the Turnhout prison had requested when he arrived in September 2008. This doctor does all he can, according to Marcel, but he has nothing to say: it is the minister who decides.

It is said that the "poor King" has nothing to say either, but he has as much to say as any citizen, more, in fact. He has just named Grand Officer of Order of the Crown, Professor Dupont, former president of the "Commission Law of principles relating to the administration of the penal establishments as well as the legal status of the detainees", which led in 2005 to the adoption of the law named "the Dupont Law". It is said that the King is very nice, but the people cry for him to ensure the application of this law and he does not hear it.

The Superior council of Justice established that the magistrate had ejected without right, a princess of Croÿ of the file, therefore one can suppose that the King was treated the same. Albert II was indeed also part of the file, insofar as he has transmitted to his minister justice in 1999, 7 CD-ROMS of child pornography whom Marcel, in the name of his NGO, had sent to him, for the King to ensure that the inquiry was correctly carried out.

The Superior council of Justice also established that these CD-ROMS had "disappeared" and that the file had been closed due to "unknown culprits" in 1999. The King answered that the " separation of the capacities" did not allow him to act, meaning to ask for an investigation to define who had stolen these CD-ROMS and how come it was necessary to exceed the reasonable delay of judgement, to ensure that the unknown culprits were the one who had sent him the file, then was to be condemn in the absence of this part of the file.

The people are begging the King to get proper advisers and to request from his minister of justice to ensure that the judgements that are pronounced on his name are within the respect of the international laws. 10.500 prisoners and their families beg him beg him to order statistics on the number prisoners who died these last years, without consideration of a release on parole for health reasons.

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Site de la Fondation Princesses de Croÿ et Massimo Lancellotti Site du Werkgroep Morkhoven (3) ONG UNION Inscription News letter SOS-Bambini Site d'Alain Fauvage SOS Antipligio Novara Telephono Antiplagio Bambibi AncoraRCHF Droit parentaux Site personel de la Princesse Jacqueline Voir le site de Pédopitchoun

Editeur responsable: Fondation Princesses de Croÿ et Massimo Lancellotti - 10 Rue Faider - 1060 Bruxelles - Belgique - Droit de réponse: postmaster@droitfondamental.eu

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