4
BOUYID v. BELGIUM JUDGMENT
questioning), while the second applicant was at the Saint-Josse-ten-Noode
police station and Officer P.P. was interviewing him about an altercation
involving him and his mother together with a third party (and about which
the latter had filed a complaint), P.P. had slapped him in the face after
asking him not to lean on his desk. He had then forced him to sign his
statement by threatening to put him in a cell.
16. The applicants provided a medical certificate issued on the same day
by a general practitioner, who observed “bruising [on the] left cheek” of the
second applicant. The certificate did not specify the time at which it had
been drawn up, although it must have been before 11.20 a.m., the time at
which it was presented to the Standing Committee for the oversight of
police services (known as “Committee P” – see paragraph 25 below).
17. The Government explained that the second applicant had been very
arrogant during his interview: slouching in his chair, leaning casually on
P.P.’s desk, laughing without any reason and giving pithy answers to
questions. He had also had his statement changed several times, saying that
the police were paid to do that, and had threatened the officers on leaving by
shouting that they would be hearing from him again. The Government
emphasised that, in spite of the attitude shown by the second applicant, who
had clearly been intent on conflict, P.P. had remained calm and patient.
B. Background to the events
18. In the applicants’ submission, their family had been harassed by the
Saint-Josse-ten-Noode police force. They stated that the problems had
begun in 1999, when one of the officers had suspected N. of deliberately
scratching his car. N. had subsequently been charged with threatening the
same officer and committing robberies, on which charges he had been
acquitted by the Brussels Youth Court on 21 April 2000. According to the
applicants, the case against him had been entirely fabricated by members of
the Saint-Josse-ten-Noode police force by way of reprisal.
19. They added that on 24 June 1999 the first applicant, then aged 13,
had been “beaten” by another police officer in the police station, where he
had been taken following a fight in the street. He had sustained a perforated
eardrum. His mother and one of his sisters, who had been in the waiting
room, had been shaken and manhandled by police officers.
20. On 25 November 1999 one of their sisters had been verbally abused
by an officer of the Saint-Josse-ten-Noode police force, and on 11 March
2000 their brother, N., had been searched, jostled and verbally abused by
police officers.
21. They further stated that in 2000 a “case ... initiated by the
Saint-Josse-ten-Noode police force had been opened against N. and
entrusted to an investigating judge”, but the proceedings had been
discontinued. In the same year the second applicant had been “wanted for