Belgium’s constitutional court has rejected a lawsuit against a controversial prisoner swap deal with Iran. The court announced this evening in Brussels. The Belgian government can expect development worker Olivier Vandecasteele, jailed in Iran since February 2022, to be released soon. In return, she wants to hand over Iranian diplomat Assadollah Assadi.
Sentenced to 40 years in prison and 74 lashes
Assadi was sentenced to 20 years in prison by an Antwerp court in 2021 for allegedly planning a bomb attack on a mass demonstration by exiled Iranian opposition members in France. According to the court, developmentalist Vandecasteele was sentenced to a total of 40 years in prison and 74 lashes. In particular, he was accused of espionage and cooperation with the archenemy USA, as well as money smuggling.
In its ruling on Friday night, the Belgian Constitutional Court found, among other things, that Vandecasteele is entitled to a decent life. The duty to protect this right must therefore be weighed against the duty to protect the right to life in each individual case. The plaintiffs see the latter as threatened if the prisoner exchange agreement is implemented.
After the verdict, the government should be able to assess the costs and have them reviewed by a lower court. Those affected must be informed of government decisions so that they can request legal review.