BOUYID v. BELGIUM JUDGMENT
29
establish such necessity. The Court consequently finds that the applicants’
dignity was undermined and that there has therefore been a violation of
Article 3 of the Convention.
103. In any event, the Court emphasises that a slap inflicted by a lawenforcement officer on an individual who is entirely under his control
constitutes a serious attack on the individual’s dignity.
104. A slap has a considerable impact on the person receiving it. A slap
to the face affects the part of the person’s body which expresses his
individuality, manifests his social identity and constitutes the centre of his
senses – sight, speech and hearing – which are used for communication with
others. Indeed, the Court has already had occasion to note the role played by
the face in social interaction (see S.A.S. v. France [GC], no. 43835/11,
§§ 122 and 141, ECHR 2014, concerning the ban on wearing clothing
intended to conceal the face in public places). It has also had regard to the
specificity of that part of the body in the context of Article 3 of the
Convention, holding that “particularly because of its location”, a blow to an
individual’s head during his arrest, which had caused a swelling and a 2 cm
bruise on his forehead, was sufficiently serious to raise an issue under
Article 3 (see Samüt Karabulut v. Turkey, no. 16999/04, § 41, 27 January
2009).
105. The Court reiterates that it may well suffice that the victim is
humiliated in his own eyes for there to be degrading treatment within the
meaning of Article 3 of the Convention (see paragraph 87 above). Indeed, it
does not doubt that even one unpremeditated slap devoid of any serious or
long-term effect on the person receiving it may be perceived as humiliating
by that person.
106. That is particularly true when the slap is inflicted by lawenforcement officers on persons under their control, because it highlights
the superiority and inferiority which by definition characterise the
relationship between the former and the latter in such circumstances. The
fact that the victims know that such an act is unlawful, constituting a breach
of moral and professional ethics by those officers and – as the Chamber
rightly emphasised in its judgment – also being unacceptable, may
furthermore arouse in them a feeling of arbitrary treatment, injustice and
powerlessness (for consideration of this kind of feeling in the context of
Article 3 of the Convention, see, for example, Petyo Petkov v. Bulgaria,
no. 32130/03, §§ 42 and 47, 7 January 2010).
107. Moreover, persons who are held in police custody or are even
simply taken or summoned to a police station for an identity check or
questioning – as in the applicants’ cases – and more broadly all persons
under the control of the police or a similar authority, are in a situation of
vulnerability. The authorities are consequently under a duty to protect them
(see paragraphs 83-84 above). In inflicting the humiliation of being slapped
by one of their officers they are clearly disregarding this duty.