8
BOUYID v. BELGIUM JUDGMENT
2003 and 23 February 2004 to the new case that had been opened after the
civil-party complaint of 5 February 2008, upheld the discontinuance order
in a judgment that read as follows.
“...
The facts of the case can be summarised as follows:
– On 8 December 2003 the defendant [A.Z.] is alleged to have engaged in illegal
police conduct against the civil party Saïd Bouyid, described by the latter as follows:
police officer [A.Z.], on stopping him outside his house, allegedly grabbed him by his
jacket and tore it; he was then taken to the police station close by, where the same
officer allegedly slapped him on the face with his right hand.
– On 23 February 2004 the defendant [P.P.] is alleged to have engaged in illegal
police conduct against the civil party Mohamed Bouyid, described by the latter as
follows: on stopping his car in front of his house so that his mother could take out her
shopping, he had a row with the driver of the car behind; he was summoned to the
police station following a complaint by that driver; during the interview, Mohamed
Bouyid was allegedly slapped by the defendant [P.P.] (see the medical certificate
issued by Dr ...), who threatened to put him in a cell if he did not sign his statement,
when in fact he wanted to change it.
– The Bouyid family have apparently encountered great difficulties with certain
members of the Saint-Josse-ten-Noode police force since March 1999, when police
officer [B.] suspected [N.] Bouyid of having scratched his car, giving rise to a certain
degree of tension and to persecution of this family by the police.
– There is said to be constant provocation on the part of the police of Saint-Josseten-Noode making the life of the Bouyid family unbearable.
Both the police’s internal oversight department for the police district [concerned]
and the investigation department of Committee P conducted an in-depth investigation
into the facts complained of by the civil parties.
It transpires from all the findings of the judicial investigation, and in particular from
the inconsistent statements of the parties in question, that there is no evidence against
the defendants such as to justify their committal on the charges listed in the
submissions of the Principal Crown Prosecutor, in respect of the period in which the
offences were said to have been committed.
The statements of the defendants, who deny the charges, are consistent; it is
appropriate in this connection to refer to the detailed report concerning the general
conduct of the civil parties’ family drawn up by Committee P, which sheds light on
the general context of the case.
The civil parties have not adduced before the court, sitting as the Indictments
Division, any new, relevant and convincing information not previously brought to the
attention of the court below and capable of revealing the slightest evidence against the
defendants that might justify their committal for trial.
Moreover, the judicial investigation did not bring to light sufficient evidence to
show that a criminal offence had been committed by the defendants at the time of the
incidents in which they were allegedly implicated.
In addition, it does not appear from the case file that the provisions of section 37 of
the Law of 5 August 1992 on police duties have not been complied with.