34
BOUYID v. BELGIUM JUDGMENT
applicant’s complaint and the Court of Cassation judgment marking the
close of the proceedings, and a period of over four years and eight months
elapsed in the second applicant’s case.
133. As the Court has emphasised on previous occasions, although there
may be obstacles or difficulties which prevent progress in an investigation
in a particular situation, a prompt response by the authorities in
investigating allegations of ill-treatment may generally be regarded as
essential in maintaining public confidence in their adherence to the rule of
law and in preventing any appearance of collusion in or tolerance of
unlawful acts (see, among other authorities, McKerr v. the United Kingdom,
no. 28883/95, § 114, ECHR 2001-III, and Mocanu and Others, cited above,
§ 323).
134. In the light of the foregoing, the Court considers that the applicants
did not have the benefit of an effective investigation. It consequently finds a
violation of the procedural head of Article 3 of the Convention.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
135. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
136. As before the Chamber, the applicants jointly claimed 5,000 euros
(EUR) in respect of the non-pecuniary damage resulting from the violation
of the substantive head of Article 3 of the Convention, and EUR 43,110 in
respect of the non-pecuniary damage resulting from the violation of the
procedural head of the same Article. They justified this latter amount by
arguing that the frustration they had experienced as a result of the
shortcomings in the investigation had begun on 7 March 2006 with the
order refusing additional investigative measures and had lasted until
14 November 2012; they considered it appropriate to award each of them a
daily amount of EUR 15 covering the period up to 29 October 2008, when
the Court of Cassation delivered its judgment (a total of 952 days), and a
daily amount of EUR 5 for the subsequent period (a total of 1,455 days).
137. The Government, who did not comment on these claims before the
Grand Chamber, had indicated in their observations before the Chamber that
they would leave the above-mentioned amount of EUR 5,000 to the Court’s
discretion. They had also invited it to disregard the applicants’ pecuniary
assessment of the damage caused by the violation of the procedural head of
Article 3, arguing that it was unreasonable and unrealistic. They had added