BOUYID v. BELGIUM JUDGMENT
15
Recommendation, § 52.1).The latter emphasises that “children’s fragility
and vulnerability and their dependence on adults for the[ir] growth and
development call for greater investment in the prevention of violence and
protection of children on the part of families, society and the State”. Very
recently the CPT highlighted the particular vulnerability of juveniles in the
context of detention (24th General Report of the CPT, 2013-2014
(CPT/Inf (2015) 1), January 2015 – see paragraph 3 and, under “Juveniles
deprived of their liberty under criminal legislation”, paragraphs 98 and 99).
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
54. The applicants alleged that police officers had slapped them in the
face while they were in the Saint-Josse-ten-Noode police station. They
claimed to have been victims of degrading treatment. They further
complained that the investigation into their complaints had been ineffective,
incomplete, biased and excessively long. They relied on Articles 3, 6 § 1
and 13 of the Convention, the first of which reads as follows:
“No one shall be subjected to torture or to inhuman or degrading treatment or
punishment.”
55. Reiterating that the Court was master of the characterisation to be
given in law to the facts of the case and finding that these complaints
covered the same ground, the Chamber found it appropriate to examine the
applicants’ allegations solely under Article 3 of the Convention. The Grand
Chamber agrees with this approach. It will therefore proceed in the same
manner.
A. The Chamber judgment
56. In its judgment the Chamber referred to the principles emerging
from the Court’s case-law on Article 3 of the Convention. It referred in
particular to the principle that where the events in issue lay wholly, or in
large part, within the exclusive knowledge of the authorities, as in the case
of persons within their control in custody, strong presumptions of fact
would arise in respect of injuries occurring during such detention. It was
then for the Government to provide a satisfactory and convincing
explanation by producing evidence establishing facts which cast doubt on
the account of events given by the victim. The Chamber also referred to the
principle that where an individual was deprived of liberty or, more
generally, was confronted with law-enforcement officers, any recourse to