BOUYID v. BELGIUM JUDGMENT
19
to be accompanied by an adult at their interview with the judicial authority
and permitted the interview to be recorded).
64. Fourthly, the investigating judge could have requested of his own
motion that the following further investigative measures be implemented:
interviewing the first applicant’s friend who had been with him when he had
been stopped and questioned; including in the case file the images from the
cameras at the entry to and exit from the police station; ordering a second
medical opinion; and organising a face-to-face confrontation.
65. The applicants therefore submitted that it was on the basis of an
ineffective investigation conducted with an eye to exonerating the police
officers in question that the investigating authorities had decided that the
offences had not been made out and that there were no grounds for
prosecuting them.
2. The Government
66. The Government stated that they agreed with the applicants’ analysis
to the effect that if a person was in police custody at the material time there
was a presumption of a causal link between the traces of injuries and the
imputability of the injuries to the police, which presumption could be
rebutted by a reasonable explanation. They also accepted that the act in
question was presumed to be serious where the person concerned was in
custody, in which case the Court accepted de facto that the person’s dignity
was undermined, although that presumption could be rebutted by proving
that the use of force had been strictly necessary in the light of the victim’s
conduct. The Government stressed that they had never intended to disregard
those presumptions, but that they considered it legitimate not to call the
police officers’ assertions into question if the thorough, exhaustive
investigation carried out in the present case disclosed nothing that could
reasonably allow those assertions to be contradicted.
67. The Government took the view that the judicial authorities had to
reconcile the presumption of causality with the equally fundamental
principle of the presumption of innocence of the State agents implicated: the
judicial authorities could not depart from the principle that they should
convict an accused person only when certain beyond all reasonable doubt
that he had committed acts constituting degrading treatment against the
complainant.
68. The Government emphasised that in the present case, although the
applicants had submitted medical certificates attesting to injuries that might
be compatible with the events of which they complained, it was only the
applicants’ statements that suggested that those injuries were the
consequence of a slap and that the slaps in question had been inflicted on
both applicants by police officers. Furthermore, the officers in question had
always vehemently denied having committed such acts, and none of the
evidence gathered during the investigation had refuted their statements. The