Неналежне поводження у світлі справи «Bouyid v. Belgium»: від мінімального рівня жорстокості до критерію необхідності (щодо «виховних» ляпасів)

This paper analyses the Grand Chamber’s judgment in Bouyid v. Belgium, which can be considered one of most important judgments on application Article 3 ECHR. The importance this stems from fact that Chamber restored balance favour common sense by reviewing decision and finding "educational" slaps inflicted detainees police officers were a form ill-treatment.The has developed new approach to identification ill-treatment, essence summarised as follows: violation ECHR is determined not only presence certain amount suffering experienced victim, but also victim was necessary such exercise power State agents. With judgment, ECtHR further proved its case-law does stand still, demonstrates evolutionary development increasingly considers needs victims ill-treatment. ideas case other judgments, including against Ukraine, where special place occupied Burlya Others stressed may held liable for agents if representatives exceed limits their authority or act contrary instructions. In general, made significant step forward formulating criteria procedural filters complaints under adding element "necessity" basic criterion minimum level cruelty. Analysing damage human dignity caused case, placed emphasis ethics, directly repeatedly applying European Code Police Ethics source law. From point view an ordinary officer, terms direct practical reminder: any physical force detainee justified circumstances detention threats detainee’s behaviour absolutely incompatible with requirements therefore constitutes it, even it "mere" - some "disciplinary" slap. It reiterated quite sufficient feel humiliated his her own eyes order treatment recognised degrading within meaning ECHR.The seen optional tool enhancing professionalism CoE member-states, implemented both through reference general need strengthen professional skills State’s field crime prevention investigation.