ENGLISH: Law Study Case

G. Final decision
The Court has considered unanimously that there had been a violation of Article 3 of the ECHR on
account of the ill-treatment inflicted on the applicant by the police; a violation of Article 3 of the
Convention on account of the ineffective investigation ; and a violation of Article 3 in conjunction
with Article 14 (prohibition of discrimination), in that the national authorities had not carried out
all the necessary provisions to investigate whether the police officers is conduct had been discrimi-
natory. Under Article 41 (just satisfaction), the Court awarded the applicant 15,000 Euros in respect
of non-pecuniary damage and EUR 6,681.10 for costs and expenses.
H. Conclusion
We can say that this is an exceptional case because it involves police officers and because the fail-
ures are incredible.
Indeed, the ECHR found obviously that Belgium had not sufficiently investigated effectively Mr.
Cakir also reported racist discrimination. This is something for the future which is interesting in that
if someone invokes a discriminatory motive or racist aggression, the Court held that a duty to inves-
tigate, take reasonable steps to determine if a racist attitude is the cause of aggression.
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