BOUYID v. BELGIUM JUDGMENT
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while Countering Terrorism, the CPT and the UN Human Rights
Committee.
79. The third-party intervener stressed that child detainees were doubly
vulnerable, as pointed out by the UN Special Rapporteur on Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. With
reference to the UN Rules for the Protection of Juveniles Deprived of their
Liberty and the work of the UN Committee on the Rights of the Child, the
third-party intervener added that it was well established that the use of force
against children was prohibited save for a very limited number of purposes.
That applied to all forms of violence, including non-physical or
unintentional violence, whatever their frequency or severity, and even
where they were not motivated by intent to harm. Like the CPT in its ninth
general activity report, it condemned in particular the “pedagogical use of
force” (especially “pedagogical slaps”), which consisted in using force in
response to a refusal to cooperate or bad behaviour, while the CPT also
noted that police stations were the places where young people ran the
greatest risk of deliberate ill-treatment.
80. Lastly, the third-party intervener pointed out that national legal
systems reflected international and regional standards. The prohibition of
the use of force except where it was strictly necessary was also enshrined in
the United Kingdom, Sweden, Australia, Canada and the United States.
C. The Court’s assessment
1. The substantive aspect of the complaint
(a) General principles
81. Article 3 of the Convention enshrines one of the most fundamental
values of democratic societies (see, among other authorities, Selmouni v.
France [GC], no. 25803/94, § 95, ECHR 1999-V; Labita v. Italy [GC],
no. 26772/95, § 119, ECHR 2000-IV; Gäfgen v. Germany [GC],
no. 22978/05, § 87, ECHR 2010; El-Masri v. the former Yugoslav Republic
of Macedonia [GC], no. 39630/09, § 195, ECHR 2012; and Mocanu and
Others v. Romania [GC], nos. 10865/09 and 2 others, § 315, ECHR 2014).
Indeed the prohibition of torture and inhuman or degrading treatment or
punishment is a value of civilisation closely bound up with respect for
human dignity.
Unlike most of the substantive clauses of the Convention, Article 3
makes no provision for exceptions, and no derogation from it is permissible
under Article 15 § 2 even in the event of a public emergency threatening the
life of the nation (see Mocanu and Others, cited above, § 315). Even in the
most difficult circumstances, such as the fight against terrorism and
organised crime, the Convention prohibits in absolute terms torture and
inhuman or degrading treatment or punishment, irrespective of the conduct