12
BOUYID v. BELGIUM JUDGMENT
(g) the Council of Europe Convention on Action against Trafficking in
Human Beings of 16 May 2005 (ratified by Belgium), the Preamble to
which emphasises that “trafficking in human beings constitutes a violation
of human rights and an offence to the dignity and the integrity of the human
being” (see also Articles 6 and 16).
B. Documents of the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment
(CPT)
48. In a document entitled “CPT standards” (CPT/Inf/E (2002) 1 –
Rev. 2015), the CPT stated the following.
“97. Bearing in mind its preventive mandate, the CPT’s priority during visits is to
seek to establish whether juveniles deprived of their liberty have been subjected to illtreatment. Regrettably, deliberate ill-treatment of juveniles by law-enforcement
officials has by no means been eradicated and remains a real concern in a number of
European countries. CPT delegations continue to receive credible allegations of
detained juveniles being ill-treated. The allegations often concern kicks, slaps,
punches or blows with batons at the time of apprehension (even after the juvenile
concerned has been brought under control), during transportation or subsequent
questioning in law-enforcement establishments. It is also not uncommon for juveniles
to become victims of threats or verbal abuse (including of a racist nature) whilst in the
hands of law-enforcement agencies.
...
126. ... In a number of [juvenile detention centres] visited by the CPT, it was not
uncommon for staff to administer a so-called ‘pedagogic slap’ or other forms of
physical chastisement to juveniles who misbehaved. In this regard, the CPT recalls
that corporal punishment is likely to amount to ill-treatment and must be strictly
prohibited.”
The CPT also noted the following in its ninth general activity report
(CPT/Inf (99) 12), dated 30 August 1999:
“24. In a number of other establishments visited [where juveniles were deprived of
their liberty], CPT delegations have been told that it was not uncommon for staff to
administer the occasional ‘pedagogic slap’ to juveniles who misbehaved. The
Committee considers that, in the interests of the prevention of ill-treatment, all forms
of physical chastisement must be both formally prohibited and avoided in practice.
Inmates who misbehave should be dealt with only in accordance with prescribed
disciplinary procedures.”
49. In its report to the Belgian Government on its visit to Belgium from
18 to 27 April 2005 (CPT/Inf (2006) 15, 20 April 2006) the CPT stated,
among other things.
“11. On the basis of all the information obtained during the visit, the CPT has come
to the conclusion – as it did following its first three visits to Belgium – that the risk of
a person being ill-treated by law-enforcement officers while in detention cannot be
dismissed. Accordingly, the CPT recommends that the Belgian authorities continue to