By reporting the incident, you will be heard as a victim. A police officer will record your statements in an interview report. This allows:

• It is up to the police to conduct their investigation in order to identify and apprehend the perpetrator, gain a better understanding of the phenomenon, and take preventive action.
• It is up to the justice system to prosecute the perpetrators of this type of offence, to quantify the acts committed against the LGBTQI community and to improve the fight against homophobia, lesbophobia, biphobia and transphobia.

The circular from the Public Prosecutors entitled “COL 13/2013” provides for the appointment of magistrates and police officers who are aware of discrimination and hate crimes related, among other things, to sexual orientation and gender identity. Police officers are designated in each local police zone and in each front-line service of the Federal Police. The designated police officer can be your primary contact if you wish.
Please do not hesitate to contact him!

• In case of emergency, dial 112.
• If it is not an emergency, you can file a complaint at any police station. A police officer cannot refuse to record your complaint. You can also file a complaint by sending a letter directly to the public prosecutor.

You have the option to:

• Have a doctor draw up a statement of injuries and/or a medical certificate.
• Gather evidence of the offence and the damage suffered (photographs, emails, text messages, letters, videos, etc.).
• Go to a police station on your own initiative to be dealt with by the police officer on duty at reception. If you prefer not to speak to reception at your local police station, you can contact the “Discrimination and Hate Crime” officer directly or, failing that, the “Victim Support” officer for your police area.
• Contact the Victim Support Service (SAPV) of the police district. This service will put you in touch with the police officer of your choice and can assist you with the necessary procedures.
• Contact the solicitor of your choice. At your request, they can assist you during the hearing.

As a victim, you have the option to:

• To declare yourself an injured party.
• To express yourself in the language of your choice. Either a sworn interpreter will be present during the hearing, or you will be asked to write down the statement yourself.

Before the hearing, you will be informed of the following main rights:

• That your statements may be used as evidence in court.
• You may request that all questions asked of you and your answers be recorded verbatim (word for word).
• That you may request that a specific disclosure or hearing be conducted (e.g. witnesses).
• That you may use the documents in your possession, without this leading to the postponement of the interrogation, and request that these documents be attached to the minutes or to the file (e.g. report of injuries, photographs, medical certificate).

At the end of your interview, you may request assistance from the Police Victim Support Service. This service will provide you with free front-line assistance in difficult situations (reception, listening, practical help, etc.). It will then refer you to appropriate services (legal, social, psychological, financial, etc.).

If a police officer refuses to record your complaint, you may:

• Insist and ask for the reason for the refusal.
• Ask to speak to a superior.
• Contact the SAPV.
• Inform the head of the police station.
• Report the incident to UNIA or the Institute for the Equality of Women and Men.
• Report the refusal to a police supervisory body.

When you file a complaint with the police, you will be informed of the possibility of becoming an injured party. This procedure is free of charge. You will be asked to complete a specific form which will be attached to the file sent to the public prosecutor.

As an injured party, you have the right to:

• Request permission to view the file and obtain a copy.
• Be informed by the public prosecutor of any decision to dismiss your case, the opening of an investigation, or the setting of a hearing date.

Civil action is brought before an investigating judge or during the court hearing. Civil action status gives you additional rights to those of an injured party. Contact a solicitor or legal aid centre for assistance with the process.

Want to know more?

• Rainbow Cops Belgium : www.rainbow-cops-belgium.be
• Fédération Wallonie-Bruxelles : www.victimes.be
• Trouver une zone de police locale : www.police.be
• Maisons de Justice : www.maisonsdejustice.be
• SPF Justice : www.justice.belgium.be
• UNIA : www.unia.be
• Institut pour l’égalité entre les Femmes et les Hommes : www.igvm-iefh.be