BOUYID v. BELGIUM JUDGMENT
33
between the police officers in question and the applicants, or to interview or
order an interview of the physicians who had drawn up the medical
certificates produced by the applicants, or of the person who was with the
first applicant when Officer A.Z. had stopped and questioned him in the
street on 8 December 2003 (see paragraph 11 above), or of
Superintendent K., who had met the second applicant at the latter’s home on
23 February 2004, just after he had left the Saint-Josse-ten-Noode police
station (see paragraph 26 above). Such measures might, however, have
helped establish the facts.
129. The investigation was therefore mainly confined to interviews of
the police officers involved in the incidents by other police officers
seconded to the investigation department of Committee P and the
preparation by those officers of a report summarising the evidence gathered,
once again, by police officers (the internal oversight department of the
police district covering the applicants’ neighbourhood), which mainly
described the “general behaviour” of the Bouyid family.
130. Furthermore, no reasons were provided for either the submissions
of the Crown Prosecutor or the order by the Committals Division of the
Brussels Court of First Instance discontinuing the case. Moreover, in
upholding that discontinuance order, the Indictments Division of the
Brussels Court of Appeal drew almost exclusively on the above-mentioned
report concerning the behaviour of the Bouyid family and the denials of the
officers charged, without assessing the credibility and seriousness of the
applicants’ allegations that they had been slapped by the officers in
question. It should also be noted that the Indictment Division’s judgment of
9 April 2008, which contains only a very brief reference to the medical
certificate produced by the second applicant, makes no mention at all of the
certificate produced by the first applicant.
131. These factors tend to indicate that the investigating authorities
failed to devote the requisite attention to the applicants’ allegations –
despite their being substantiated by the medical certificates which they had
submitted for inclusion in the case file – or to the nature of the act,
involving a law-enforcement officer slapping an individual who was
completely under his control.
132. Lastly, the Court notes the unusual length of the investigation, for
which the Government provided no explanation. The events occurred on
8 December 2003, in the case of the first applicant, and on 23 February
2004, in the case of the second, and the applicants lodged their complaints
with Committee P on 9 December 2003 and 23 February 2004 respectively,
before bringing a civil-party application on 17 June 2004. However, the
discontinuance order was not made until 27 November 2007. As for the
judgments of the Indictments Division of the Brussels Court of Appeal and
the Court of Cassation, they were delivered on 8 April 2008 and 29 October
2008 respectively. Therefore, almost five years elapsed between the first