BOUYID v. BELGIUM JUDGMENT 13 be vigilant in this area and make a special effort in the case of juveniles who have been deprived of their liberty. The CPT further recommends that law-enforcement officers be given an appropriate reminder at regular intervals that any form of ill-treatment of persons deprived of their liberty – including insults – is unacceptable, that any information regarding alleged ill-treatment will be properly investigated, and that anyone responsible for such treatment will be severely punished. 12. More specifically, concerning allegations of ill-treatment by law-enforcement officers when arresting a suspect, the CPT has repeatedly noted that this process undeniably represents a difficult and dangerous task at times, in particular when the person concerned resists or the law-enforcement officers have good reason to believe that the person poses an imminent threat. However, the use of force when making an arrest must be kept to what is strictly necessary; furthermore, there can never be any justification for striking apprehended persons once they have been brought under control.” The CPT’s report on its visit to Belgium from 28 September to 7 October 2009 (CPT/Inf (2010) 24, 23 July 2010) contains the following passage in particular: “13. In the course of its visits to police stations, the CPT delegation met only a few people who were deprived of their liberty. Nevertheless, while visiting prisons, it met a large number of people who had recently been in police custody. The majority of the detainees who spoke to the delegation did not report any instances of deliberate physical ill-treatment during their time in police custody. However, the delegation heard a limited number of allegations of excessive use of force (such as blows inflicted after the person had been brought under control, or excessively tight handcuffing) in the course of an arrest (particularly in Brussels, Charleroi and Marcinelle). As the CPT has often acknowledged, arresting a suspect is undeniably a difficult and dangerous task at times, in particular when the person concerned resists or the police have good reason to believe that the person poses an imminent threat. Nevertheless, the CPT recommends that police officers be reminded that when making an arrest, the use of force must be kept to what is strictly necessary; furthermore, there can never be any justification for striking apprehended persons once they have been brought under control.” C. The European Code of Police Ethics 50. In its Recommendation Rec(2001)10 on the European Code of Police Ethics adopted on 19 September 2001, the Committee of Ministers of the Council of Europe stated its conviction that “public confidence in the police is closely related to their attitude and behaviour towards the public, in particular their respect for the human dignity and fundamental rights and freedoms of the individual as enshrined, in particular, in the European Convention on Human Rights”. It recommended that the governments of member States be guided in their internal legislation, practice and codes of conduct of the police by the principles set out in the European Code of Police Ethics appended to the

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