The European Court of Human Rights finds Belgium responsible for police violence

01-07-2022

Manon Picard

International Justice and Human Rights Researcher, 

Global Human Rights Defence.

On the 28th of June 2022, the European Court of Human Rights (ECtHR or the Court) delivered its judgement in the case of Boutaffala v. Belgium (application no.20762/19). The applicant, Khaled Boutaffala, brought a complaint before the Court regarding his criminal conviction in Belgian courts, which dates back to 2009, for “resisting the police and assaulting an officer who came to assist”. Despite Belgium’s recognition in 2017 that Mr. Boutaffala had indeed been a victim of police violence and insults, the applicant was still convicted by Belgian courts for resisting arrest. 

As a result of the above events, Mr. Boutaffala filed a complaint before the ECtHR and claimed that his rights under Article 6 of the European Convention on Human Rights (ECHR) (the right to a fair trial) had been violated. The ECtHR, in its judgement, found that the applicant’s rights under Article 6§1 of the ECHR had been violated as the “Brussels Court of Appeal favoured statements made by the police officers who carried out the arrest, even though the conditions of the arrest were recognised by the government as being contrary to the European Convention on Human Rights”. 

Due to the finding of a violation, Mr. Boutaffala was awarded 7,500 euros in non-pecuniary damages as well as 8,500 euros due to the costs and expenses he incurred to file and defend his case before the Court. 

Sources and further reading:

European Court of Human Rights. (2022, June 28). Judgments of 28 June 2022. Press Release. Retrieved on July 1, 2022, from https://hudoc.echr.coe.int/eng-press?i=003-7371694-10074223

European Court of Human Rights. (2022, June 28). Affaire Boutaffala c. Belgique. https://hudoc.echr.coe.int/eng?i=001-218035

Ugo Realfonzo. (2022, June 29). Belgium condemned for police violence by European Court of Human Rights. The Brussels Times. Retrieved on July 1, 2022, from https://www.brusselstimes.com/belgium/246841/belgium-condemned-for-police-violence-by-european-court-of-human-rights