Constitutional Court

In 2021, A. Assadi, an Iranian diplomat was sentenced in Belgium for a terrorist offence. On 11 March 2022, Belgium and Iran concluded a treaty on the transfer of convicted persons. Ten persons and the « National Council of Iranian Resistance » requested the annulment of the provision assenting to this treaty since it would allow the transfer of A. Assadi to Iran, where he could be liberated immediately. O. Vandecasteele, a Belgian who has been detained in Iran since February 2022 and who has since been sentenced to 40 years in prison and 74 lashes of the whip, is intervening in the proceedings to oppose this request. By its judgment no. 163/2022, the Court partially suspended the contested provision. In the context of the assessment of the substance of the case by judgment no. 36/2023, the Court rejects the action for annulment. It specifies however that in the event of a transfer of a convicted person the Government must proceed with a case by case balancing of the duty of protection with regards to the right to life and the right to human dignity. This balance must be able to be assessed by the Court of first instance. Thus, when the Government takes a decision to transfer, it must inform the victims of the relevant convicted person in such a way that they can effectively seek a review of the legality thereof by the Court of first instance.