BOUYID v. BELGIUM JUDGMENT
31
112. Given that the applicants referred only to minor bodily injuries and
did not demonstrate that they had undergone serious physical or mental
suffering, the treatment in question cannot be described as inhuman or,
a fortiori, torture. The Court therefore finds that the present case involved
degrading treatment.
113. Accordingly, there has been a violation of the substantive head of
Article 3 in respect of each of the applicants.
2. Procedural aspect of the complaint
(a) General principles
114. The Court refers to the general principles set out, inter alia, in
El-Masri (cited above, §§ 182-85) and Mocanu and Others (cited above,
§§ 316-26).
115. Those principles indicate that the general prohibition of torture and
inhuman or degrading treatment or punishment by agents of the State in
particular would be ineffective in practice if no procedure existed for the
investigation of allegations of ill-treatment of persons held by them.
116. Thus, having regard to the general duty on the State under Article 1
of the Convention to “secure to everyone within [its] jurisdiction the rights
and freedoms defined in [the] Convention”, the provisions of Article 3
require by implication that there should be some form of effective official
investigation where an individual makes a credible assertion that he has
suffered treatment infringing Article 3 at the hands, inter alia, of the police
or other similar authorities.
117. The essential purpose of such an investigation is to secure the
effective implementation of the domestic laws prohibiting torture and
inhuman or degrading treatment or punishment in cases involving State
agents or bodies, and to ensure their accountability for ill-treatment
occurring under their responsibility.
118. Generally speaking, for an investigation to be effective, the
institutions and persons responsible for carrying it out must be independent
from those targeted by it. This means not only a lack of any hierarchical or
institutional connection but also practical independence.
119. Whatever mode is employed, the authorities must act of their own
motion. In addition, in order to be effective the investigation must be
capable of leading to the identification and punishment of those responsible.
It should also be broad enough to permit the investigating authorities to take
into consideration not only the actions of the State agents who directly used
force but also all the surrounding circumstances.
120. Although this is not an obligation of results to be achieved but of
means to be employed, any deficiency in the investigation which
undermines its ability to establish the cause of injuries or the identity of the