Quick answer
In Bouyid v. Belgium (Grand Chamber, 28 September 2015, application no. 23380/09), the European Court of Human Rights held that a slap inflicted by police officers on persons under their control amounted to degrading treatment in violation of Article 3 (by fourteen votes to three), and that the failure to investigate the allegations effectively breached the procedural limb of Article 3 (unanimously). The judgment is a powerful affirmation of the place of human dignity at the heart of Article 3.
Background and facts
Two brothers each complained that, on separate occasions at a police station, a police officer had slapped him across the face. One was a young adult and the other a minor at the time. Their complaints to the domestic authorities did not result in any effective disciplinary or criminal outcome, and the domestic courts treated the alleged slaps as too minor to raise an issue.
The complaint
The applicants complained under Article 3 in both its substantive aspect (the slaps) and its procedural aspect (the absence of an effective investigation).
The Court’s reasoning
The Grand Chamber emphasised that human dignity is the very essence of the Convention. In respect of a person deprived of their liberty, or more generally confronted with law-enforcement officers, any recourse to physical force which has not been made strictly necessary by the person’s own conduct diminishes human dignity and is, in principle, a violation of Article 3. A slap delivered by a law-enforcement officer to a person who is under their control is a serious affront to that person’s dignity, precisely because it is inflicted by an agent of the State on someone in a vulnerable and subordinate position; the fact that the physical effects may be minor does not remove it from the scope of Article 3. The treatment therefore amounted to degrading treatment.
On the procedural limb, the Court found that the authorities had not carried out an effective investigation capable of establishing the facts and identifying and, if appropriate, punishing those responsible.
The judgment
- by fourteen votes to three, a violation of Article 3 under its substantive head;
- unanimously, a violation of Article 3 under its procedural head; and
- an award of EUR 5,000 to each applicant.
Why this case matters
- Dignity is central to Article 3. The judgment places human dignity at the core of the prohibition of ill-treatment.
- Even a single slap can breach Article 3. Force against a person under police control that is not strictly necessary is degrading, regardless of the severity of the physical injury.
- The procedural duty is independent. Allegations of ill-treatment must be investigated effectively.
What this means for applicants
- Unnecessary force by police on a person under their control can breach Article 3 even without lasting injury.
- The vulnerability of the person in the hands of the State is central to the analysis.
- An ineffective investigation is itself a violation.
This page summarises a leading judgment and is not legal advice on any individual case.
Frequently Asked Questions
What did Bouyid v. Belgium decide?
The Grand Chamber held that a slap by police officers on persons under their control amounted to degrading treatment in violation of Article 3, and that the failure to investigate effectively breached its procedural limb.
Can a single slap really breach Article 3?
Yes. The Court held that any use of physical force against a person under police control that is not strictly necessary diminishes human dignity and, in principle, breaches Article 3 — even if the physical effects are minor.
Why does human dignity matter here?
The Court stressed that human dignity is the essence of the Convention, and that force used by State agents against a vulnerable person in their control is a particular affront to that dignity.
Convention Articles engaged
Cases against this state
Related ECHR cases
- Mamatkulov and Askarov v. Turkey
- Selmouni v. France
- Gäfgen v. Germany
- M.S.S. v. Belgium and Greece
- Aksoy v. Turkey
- Othman (Abu Qatada) v. the United Kingdom
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