Extradition Lawyer in Antwerp: Rechtbank van eerste aanleg Antwerpen and the Local Procedure

Which court actually handles an Antwerp extradition case?

Rechtbank van eerste aanleg Antwerpen has divisions in Antwerp, Mechelen and Turnhout. Article 5 of the Royal Decree of 16 February 2016 assigns criminal extradition cases exclusively to Turnhout. An arrest in Antwerp therefore does not mean that the extradition file will be heard at the Antwerp division.

The prosecution service is Parket Antwerpen (the Public Prosecutor’s Office for the Antwerp judicial district). Its official organogram lists divisions in Antwerp, Mechelen and Turnhout and locates the international legal assistance centre (IRC) in Turnhout. This describes the prosecution structure; it does not by itself determine which court is assigned to an individual EAW file.

For traditional extradition, Article 3 of the Extradition Act of 15 March 1874 refers to the chamber of council (raadkamer) of the court of first instance for the place where the person lives or is found. The special allocation rule sends criminal extradition files to Turnhout. The later advisory opinion is given by the chamber of indictment (kamer van inbeschuldigingstelling) of the Court of Appeal for the circuit where the person was arrested. The Court of Appeal Antwerp covers Antwerp and Limburg.

Traditional extradition: the local sequence after arrest

A request from a state outside the EAW system is governed by the 1874 Extradition Act and the treaty applicable to that state. Belgium is party to the 1957 European Convention on Extradition. Belgium ratified it on 27 November 1997, and it entered into force for Belgium on 26 February 1998. Belgian reservations include cases involving special-jurisdiction courts and surrender that would have exceptionally grave consequences, particularly because of age or health. Which treaty and reservation apply must be checked against the requesting state.

In an urgent case, Article 5 allows provisional arrest on a warrant issued by a Belgian investigating judge on the basis of official notice from the requesting state. The person may seek provisional release under the conditions available to a Belgian in the corresponding situation. Article 5 provides for release if the foreign arrest warrant is not communicated within 40 days from arrest. This is a trigger for the provisional-arrest stage, not a universal maximum for every kind of extradition detention: after a foreign warrant is made enforceable and served, the legal basis may change.

Under Article 3, the chamber of council considers whether the foreign warrant can be made enforceable. Once the person is detained under the relevant act and it has been served, the Government obtains a reasoned opinion from the chamber of indictment for the appellate circuit where the arrest occurred. The hearing is public unless the person asks for a closed hearing; the prosecutor and the person are heard, and counsel may assist. The papers and opinion must be returned to the Minister of Justice within 15 days after receipt of the file. That is the deadline for the advisory opinion, not a guarantee that the entire extradition process ends within 15 days.

The Minister of Justice makes the eventual executive decision. The first-instance order, the appellate chamber’s opinion and the Minister’s decision are different acts. For the national refusal grounds and the wider challenge to a ministerial decision, see How to Stop Extradition from Belgium; the full national sequence is in the Belgium country guide.

An EAW follows a different clock

An EAW is a judicial surrender mechanism between EU Member States, not traditional extradition to a third state. Under Article 11 of the Belgian Law of 19 December 2003, the person must be brought before an investigating judge within 48 hours of actual deprivation of liberty. The judge explains the warrant and the option of consenting to surrender, hears the person on detention, and may order detention or conditional release. Under Article 16, the chamber of council decides on execution within 15 days of arrest after hearing the prosecutor and the person, assisted or represented by counsel. Article 17 allows an appeal to the chamber of indictment: the person has 24 hours from service of the decision (including service at the person’s home or elected domicile); the prosecutor has 24 hours from the day of the decision. The appeal is lodged by declaration at the first-instance court registry, and the chamber of indictment must decide within 15 days of that declaration. For a surrender on the basis of Articles 16 and 17, Article 18 sets a 60-day deadline from arrest for the final decision on execution. Under Article 19, in the specified cases the prosecutor must promptly explain any extension to the person and issuing authority, and the period may be extended by 30 days. The Law of 24 June 2026, effective from 2 August 2026, repealed Article 19 §§ 3–4; do not rely on older sources describing a 90-day notification to the federal prosecutor or Eurojust. From 2 August 2026, Article 17 also excludes cassation against the appellate decision. If the person consents to surrender, Article 13 provides a separate route in which the prosecutor decides on execution within 10 days after consent, subject to the control required by Article 14. Consent to surrender and waiver of the speciality rule are distinct choices.

The decree uses the specific term “criminal cases concerning extradition.” An EAW is governed by a separate law and is legally described as surrender. Confirm the assigned division from the case notice or through counsel instead of assuming that the traditional-extradition rule automatically determines every EAW venue question. An EAW addressed to Belgian authorities may be translated into Dutch, French, German or English. The right to an interpreter and a clear explanation still matters.

Do not sign a consent statement before counsel and an interpreter explain its effect. See the EAW procedure guide and the comparison of extradition and EAW surrender.

Appeals and detention review: check the exact trigger

For a traditional extradition exequatur order, the Belgian Court of Cassation’s published digest confirms that Article 135 § 4 of the Code of Criminal Procedure governs the appeal and that a detained person has 24 hours from the day the order is made. Do not assume that the clock waits until a family member receives a copy or until later service; counsel should act immediately and confirm the applicable filing formalities from the signed order.

The appeal is heard by the Antwerp Court of Appeal’s chamber of indictment. Cassation may be available against that decision under the applicable criminal-procedure rules, but counsel must calculate the deadline and formal requirements from the actual ruling. In Cass. 18 November 2020, P.20.1084.F, the Court of Cassation held that the chamber of indictment may consider provisional release while an exequatur appeal is pending, including during a cassation stage. A later summary of Cass. 12 January 2022, P.21.1696.F, explains that a challenge aimed only at the earlier provisional-arrest warrant may become moot after the foreign warrant is made enforceable and served because the detention basis has changed. Effective, prompt review of the current detention basis must still remain available.

For an EAW, use the separate Article 17 route: 24 hours from service for the person, filing at the first-instance registry, and a decision within 15 days; cassation is excluded. A release request, an appeal against exequatur, cassation and a challenge to an executive decision are not interchangeable remedies. The grounds for refusing extradition or EAW surrender depend on the instrument and the facts; they are addressed in the Belgian refusal and remedies guide.

Local access: registry, prison and airport

For traditional criminal extradition, the official court directory lists the assigned Turnhout division at Kasteelplein 1, 2300 Turnhout. Do not assume the Antwerp division’s registry at Bolivarplaats 20 bus 1, 2000 Antwerp is the correct filing counter; use the division and filing instructions stated in the case notice or confirm them with counsel before travelling.

The Belgian Justice Service lists Antwerp prison at Begijnenstraat 42, 2000 Antwerp and describes it as mainly an arrest/remand facility. Lawyer visits are listed daily from 07:00 to 20:00, with registration no later than 19:30. Family visits must be reserved; visitors are asked to send a copy of an identity document and arrive at reception at least 45 minutes before the visit. Confirm current instructions and the person’s actual location before travelling.

Antwerpen-Deurne Airport has a dedicated border post listed by the Belgian Federal Police. If the arrest happened there, record the exact time and location and ask which Belgian warrant, EAW or other instrument is being executed. An INTERPOL Red Notice is an alert, not the final Belgian extradition decision; identify the actual legal basis recorded by the local authorities.

A practical first-72-hours plan (not a statutory deadline)

This is a practical action plan, not a separate legal deadline. Any shorter statutory period—especially the EAW appearance within 48 hours and the EAW appeal within 24 hours—takes priority.

What should the family or foreign lawyer prepare?

• Full legal name, date of birth, nationality and a clear identity-document copy.
• Exact date, time and place of arrest, police service if known, and current detention location.
• All pages of the Belgian warrant, foreign warrant or EAW, hearing notice, service record and any decision already issued. Preserve the envelope or electronic service record.
• The language the person understands, any need for an interpreter, and urgent medical or medication information.
• Contact details for Belgian counsel and, where relevant, counsel in the requesting state; agree who will obtain the foreign file and monitor Belgian deadlines.
• Before visiting a prison, confirm location and permission. At Antwerp prison, follow the current booking, identity-copy and early-arrival requirements.

Hypothetical example. A Georgian national is stopped at Antwerpen-Deurne after an alert linked to a non-EU prosecution. The family should not assume the alert itself authorizes extradition. Counsel should identify the Belgian provisional-arrest warrant, confirm the Turnhout allocation for the traditional extradition file, calculate any immediate detention challenge, and then monitor the separate advisory stage at the Antwerp Court of Appeal and the Minister of Justice’s eventual decision.

Keep local procedure separate from the country-wide refusal analysis

This page explains the local allocation of an Antwerp-connected extradition file, the roles of the relevant courts and practical first steps. It does not reproduce Belgium’s full list of refusal grounds or every constitutional and international remedy. Those depend on the requesting state, the instrument and the individual facts. Use the Belgium country guide for the national sequence and the refusal guide for objections and appeals.

The site’s team coordinates cross-border defence with local counsel. To describe the arrest, identify the instrument and arrange a preliminary review, use the request form.