BOUYID v. BELGIUM JUDGMENT
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4 December 1995, § 32, Series A no. 336, and Georgiy Bykov v. Russia,
no. 24271/03, § 51, 14 October 2010), even if certain domestic proceedings
and investigations had already taken place (see Cobzaru v. Romania,
no. 48254/99, § 65, 26 July 2007). In other words, in such a context the
Court is prepared to conduct a thorough examination of the findings of the
national courts. In examining them it may take account of the quality of the
domestic proceedings and any possible flaws in the decision-making
process (see Denisenko and Bogdanchikov v. Russia, no. 3811/02, § 83,
12 February 2009).
86. Ill-treatment must attain a minimum level of severity if it is to fall
within the scope of Article 3. The assessment of this minimum depends on
all the circumstances of the case, such as the duration of the treatment, its
physical or mental effects and, in some cases, the sex, age and state of
health of the victim (see, among other authorities, Ireland v. the United
Kingdom, § 162; Jalloh, § 67; Gäfgen, § 88; El-Masri, § 196; and
Svinarenko and Slyadnev, § 114, all cited above). Further factors include the
purpose for which the ill-treatment was inflicted, together with the intention
or motivation behind it (compare, inter alia, Aksoy v. Turkey, 18 December
1996, § 64, Reports 1996-VI; Egmez v. Cyprus, no. 30873/96, § 78, ECHR
2000-XII; and Krastanov v. Bulgaria, no. 50222/99, § 53, 30 September
2004; see also, among other authorities, Gäfgen, § 88, and El-Masri, § 196,
both cited above), although the absence of an intention to humiliate or
debase the victim cannot conclusively rule out a finding of a violation of
Article 3 (see, among other authorities, V. v. the United Kingdom [GC],
no. 24888/94, § 71, ECHR 1999-IX, and Svinarenko and Slyadnev, cited
above, § 114). Regard must also be had to the context in which the illtreatment was inflicted, such as an atmosphere of heightened tension and
emotions (compare, for example, Selmouni, § 104, and Egmez, § 78, both
cited above; see also, among other authorities, Gäfgen, cited above, § 88).
87. Ill-treatment that attains such a minimum level of severity usually
involves actual bodily injury or intense physical or mental suffering.
However, even in the absence of these aspects, where treatment humiliates
or debases an individual, showing a lack of respect for or diminishing his or
her human dignity, or arouses feelings of fear, anguish or inferiority capable
of breaking an individual’s moral and physical resistance, it may be
characterised as degrading and also fall within the prohibition set forth in
Article 3 (see, among other authorities, Vasyukov v. Russia, no. 2974/05,
§ 59, 5 April 2011; Gäfgen, cited above, § 89; Svinarenko and Slyadnev,
cited above, § 114; and Georgia v. Russia (I), cited above, § 192). It should
also be pointed out that it may well suffice that the victim is humiliated in
his own eyes, even if not in the eyes of others (see, among other authorities,
Tyrer v. the United Kingdom, 25 April 1978, § 32, Series A no. 26, and
M.S.S. v. Belgium and Greece [GC], no. 30696/09, § 220, ECHR 2011).