BOUYID v. BELGIUM JUDGMENT
5
questioning” and, even though the Saint-Josse-ten-Noode police force had
announced on 23 July 2002 that he was being taken off the relevant
“wanted” list, he had still had to make various applications to the
prosecutor’s office and wait until March 2005 for the process to be
completed, causing him a great deal of inconvenience.
22. On 6 April 2001 and 12 July 2001 respectively, N. and the second
applicant had been verbally abused by officers of the Saint-Josse-ten-Noode
police force.
23. The applicants explained that they had systematically reported to the
judicial authorities or police all the incidents of which they had been
victims, and had filed complaints.
C. Complaints concerning the events of 8 December 2003 and
23 February 2004, civil-party application, judicial investigation
and decision to discontinue proceedings
24. At 9.42 a.m. on 9 December 2003 the first applicant filed a
complaint with Committee P and was interviewed by a member of the
investigation department. A copy of the medical certificate drawn up the
previous day was appended to the initial record.
25. The second applicant followed suit at 11.20 a.m. on 23 February
2004. He indicated in particular that he considered that the “general attitude
of the Saint-Josse-ten-Noode police force vis-à-vis [his] family [had
become] absolutely intolerable and excessive to the point [where they had
envisaged] moving house”. A copy of the medical certificate drawn up the
same day was appended to the initial record.
26. The applicants’ mother was also interviewed on 23 February 2004
by the investigation department of Committee P in relation to the second
applicant’s complaints. She pointed out that as soon as they had returned
home she had called Superintendent K. (see paragraph 14 above) to ask him
to persuade P.P. to apologise. Superintendent K. had immediately come to
their house, where he had found himself in the company of the physician
who had drawn up the medical certificate. The applicants’ mother also filed
a complaint, indicating, moreover, that she herself had been treated with
scant respect by Officer P.P.
27. On 5 May 2004 Officer P.P. was interviewed by the director of
internal oversight of the local police force in relation to the complaints by
the second applicant and his mother. P.P. stated in particular that the second
applicant had been particularly disrespectful towards him during his
interview and that, although he had grabbed the youth by the arm to make
him leave the office, he had not slapped him in the face.
28. On 17 June 2004 the applicants applied to intervene as civil parties
in respect of charges of harassment, arbitrary interference with fundamental
freedoms, abuse of authority, arbitrary arrest and wounding with intent.