30
BOUYID v. BELGIUM JUDGMENT
108. The fact that the slap may have been administered thoughtlessly by
an officer who was exasperated by the victim’s disrespectful or provocative
conduct is irrelevant here. The Grand Chamber therefore departs from the
Chamber’s approach on this point. As the Court has previously pointed out,
even under the most difficult circumstances, the Convention prohibits in
absolute terms torture and inhuman or degrading treatment or punishment,
irrespective of the conduct of the person concerned (see paragraph 81
above). In a democratic society ill-treatment is never an appropriate
response to problems facing the authorities. The police, specifically, must
“not inflict, instigate or tolerate any act of torture or inhuman or degrading
treatment or punishment under any circumstances” (European Code of
Police Ethics, § 36; see paragraph 51 above). Furthermore, Article 3 of the
Convention establishes a positive obligation on the State to train its lawenforcement officials in such a manner as to ensure their high level of
competence in their professional conduct so that no one is subjected to
torture or treatment that runs counter to that provision (see Davydov and
Others, cited above, § 268).
109. Lastly, the Court notes, as a secondary consideration, that the first
applicant was born on 22 August 1986 and was thus 17 years old on
8 December 2003. He was therefore a minor at the material time.
Ill-treatment is liable to have a greater impact – especially in psychological
terms – on a minor (see, for example, Rivas, cited above, § 42, and Darraj
v. France, no. 34588/07, § 44, 4 November 2010) than on an adult. More
broadly, the Court has on numerous occasions stressed the vulnerability of
minors in the context of Article 3 of the Convention. That was the case, for
instance, in Okkalı v. Turkey (no. 52067/99, ECHR 2006-XII); Yazgül
Yılmaz v. Turkey (no. 36369/06, 1 February 2011) and Iurcu v. the Republic
of Moldova (no. 33759/10, 9 April 2013). The need to take account of the
vulnerability of minors has also been clearly affirmed at the international
level (see paragraphs 52-53 above).
110. The Court emphasises that it is vital for law-enforcement officers
who are in contact with minors in the exercise of their duties to take due
account of the vulnerability inherent in their young age (European Code of
Police Ethics, § 44; see paragraph 51 above). Police behaviour towards
minors may be incompatible with the requirements of Article 3 of the
Convention simply because they are minors, whereas it might be deemed
acceptable in the case of adults. Therefore, law-enforcement officers must
show greater vigilance and self-control when dealing with minors.
111. In conclusion, the slap administered to each of the applicants by the
police officers while they were under their control in the Saint-Josse-tenNoode police station did not correspond to recourse to physical force that
had been made strictly necessary by their conduct, and thus diminished their
dignity.