18
BOUYID v. BELGIUM JUDGMENT
enforcement officials and recommended “thorough”, “independent” and
“impartial” investigations (CAT/C/BEL/CO/3, 28 October-22 November
2013, § 13). The applicants also submitted that four complaints of police
violence were posted every week on the website of the Observatory of
Police Violence (OBSPOL) set up by the French-language section of the
Belgian Human Rights League. They also had the impression that police
officers systematically filed a complaint as soon as a complaint was filed
against them, and that even where cases did come before a court, judgment
was deferred more frequently than for the average member of the public.
This caused the general public to feel that there was a climate of impunity,
and many victims were reluctant to file complaints.
60. As regards the procedural aspect of Article 3, the applicants
submitted that the investigation conducted into their case did not meet the
requirements of the Court’s case-law.
61. Firstly, the investigation had been principally based on screening of
the family’s behaviour, drawing on records prepared by the police station at
which the officers of whom the applicants had complained were based. The
fact that the summary report set out in detail the complaints lodged by
members of their family against police officers from this station and stated
that no action had been taken on them, yet did not provide any information
on the reports drawn up by police officers in respect of members of their
family – in most of which cases no file existed or the proceedings had been
discontinued – showed that the investigation had been conducted with a
view to exonerating the police officers. The applicants further observed that
the investigation had shed no light on the circumstances surrounding the
police intervention.
62. Secondly, they argued that there had been serious shortcomings in
the investigation: contrary to the investigating judge’s instructions, the
applicants had at no stage been interviewed by the investigators; the file on
the incident involving scratches to the car belonging to an officer from the
police station in 1999 had not been included in its entirety in the case file;
and the investigating judge had not been informed of the action taken on the
various cases opened against members of the Bouyid family (some of the
cases mentioned in the summary report did not actually exist or were in fact
cases in which they had claimed to be the victims). The applicants pointed
out that when they had noted these shortcomings they had applied to the
investigating judge for twenty additional investigative measures, of which
only two had been accepted: the inclusion of an email in the case file and
the interview of a police officer whom the first applicant was alleged to
have insulted on 8 December 2003 (moreover, the applicants had not been
given access to these pieces of evidence).
63. Thirdly, the legal provisions on interviewing under-age victims of a
criminal offence had not been complied with (they referred to Articles 91
bis and 92 of the Code of Criminal Procedure, which entitled such persons