BOUYID v. BELGIUM JUDGMENT
27
(b) Application to the present case
(i) Establishment of the facts
91. The Government did not contest the above-mentioned principle that
where an individual displayed traces of blows after being under the control
of the police and complained that those traces were the result of illtreatment, there was a – rebuttable – presumption that this was indeed the
case (see paragraphs 83-84 above). They also accepted that that principle
applied in the instant case. However, they submitted that the medical
certificates produced by the applicants established neither that the injuries
mentioned had resulted from a slap nor that the latter had been inflicted by
police officers, particularly since the police officers in question had always
denied such acts. They added that none of the evidence gathered during the
investigation contradicted their denial.
92. The Court observes that in order to benefit from the presumption in
question, individuals claiming to be the victims of a violation of Article 3 of
the Convention must demonstrate that they display traces of ill-treatment
after being under the control of the police or a similar authority. Many of
the cases with which the Court has dealt show that such persons usually
provide medical certificates for that purpose, describing injuries or traces of
blows, to which the Court attaches substantial evidential weight.
93. The Court further notes that the medical certificates produced in the
present case – the authenticity of which is not contested – mention, in the
case of the first applicant, his “state of shock”, “erythema on the left cheek
(disappearing)” and “erythema on the left-side external auditory canal” (see
paragraph 12 above) and, in the case of the second applicant, “bruising [on
the] left cheek” (see paragraph 16 above). These are the possible
consequences of slaps to the face.
94. The Court also observes that the certificates were issued on the day
of the events, shortly after the applicants had left the Saint-Josse-ten-Noode
police station, which strengthens their evidential value. The certificate
concerning the first applicant was issued on 8 December 2003 at 7.20 p.m.,
the first applicant having been in the police station from 4 p.m. to 5.30 p.m.
(see paragraphs 12 and 14 above). The certificate for the second applicant is
dated 23 February 2004 and was drawn up before 11.20 a.m. – when it was
presented to Committee P (see paragraph 25 above) – the second applicant
having been in the police station between 9.44 a.m. and 10.20 a.m. (see
paragraphs 15-16 above).
95. The Court notes that it has not been disputed that the applicants did
not display any such marks on entering the Saint-Josse-ten-Noode police
station.
96. Lastly, throughout the domestic proceedings the police officers in
question consistently denied having slapped the applicants. However, the
applicants claimed the opposite just as consistently. Moreover, given that