6
BOUYID v. BELGIUM JUDGMENT
They gave an overview of all their difficulties with the
Saint-Josse-ten-Noode police force, and expressly stated that they wished to
intervene as civil parties in relation to the events of 8 December 2003 and
23 February 2004.
29. Officers A.Z. and P.P. were charged with using violence against
individuals in the course of their duties and, in particular, with intentional
wounding or assault, and with engaging in arbitrary acts in breach of the
rights and freedoms guaranteed by the Constitution.
30. On 26 June 2004 an investigating judge of the Brussels Court of
First Instance gave directions to the investigation department of
Committee P asking it to take note of the applicants’ civil-party application,
to interview them in order to ascertain the details of their complaint, to draft
a report on the conduct of the Bouyid family, to draw up a list of the cases
brought against them and complaints filed by them, and to explain what
action had been taken in that connection.
31. Having regard to the fact that it had already taken testimony from the
applicants when they had filed their respective complaints (see
paragraphs 24-25 above), the investigation department of Committee P
decided not to interview them again. On 26 July 2004 it forwarded a report
to the investigating judge, based on the documents from the internal
oversight department of the police district covering Saint-Josse-ten-Noode,
describing developments in the relations between the applicants’ family and
the local police force. The report then listed the cases against the family,
noting in this connection that the first applicant had been implicated in
proceedings opened in December 2003 for abusive and threatening
behaviour and for obstructing a police officer, and N. in seven sets of
proceedings opened between October 1997 and June 1999. It then noted
that, in addition to the applicants’ complaints in issue in the present case,
three judicial complaints had been filed by members of their family (two
with Committee P, in June 1999 and July 2001, and one with the “Youth
Division” in 1999) and two complaints had been dealt with by the internal
oversight department of the police district covering Saint-Josse-ten-Noode.
Lastly, citing a report drawn up in the context of a case against the first
applicant and the findings of administrative inquiries, it noted the
problematic nature of the relations between the local police and the Bouyid
family and commented on the “general behaviour” of the latter, observing as
follows.
“In sum, according to the police officers, the Bouyid family (especially the women
and the mother in particular) apparently refuse to admit that the children of the family
bear any responsibility for the abusive conduct in question. The children are thus
supported in their behaviour by this protective attitude. More generally, the family
members are said to behave aggressively and provocatively towards the police.