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From ‘enfant terrible’ to the European Court of Human Rights: the case of Bamouhammad against Belgium
By Rebecca Deruiter, PhD Researcher at the Institute for International Research on Criminal Policy (IRCP), Ghent University[1]
In recent years, the case of Farid Bamouhammed has been covered frequently by Belgian media, characterizing him as notoriously unmanageable and resulting in the widespread used nickname of Farid ‘Le Fou’.
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After numerous judicial proceedings, by both Farid Bamouhammed and the Belgian State at the national level, the ECtHR convicted the Belgian State of violating Articles 3 and 13 ECHR. The applicant argued that the combined effect of numerous transfers and continuously living under a security regime amounted to inhuman and degrading treatment, resulting in a deterioration of his mental health.
The applicant further argued that he was denied of an effective remedy to defend his complaints.
The facts of the case
Between 1984 and 1997, the applicant was