The presumption of innocence across national borders

AuthorLola Shehu
Vol. 4 No. 1
March, 2018
ISSN 2410-3918
Acces online at
Academic Journal of Business, Administration, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
The presumption of innocence across national borders
Lola Shehu
The principle of the presumption of innocence is already an important principle in modern
democracies, which have included the principle in their legal systems. Many international
instruments also sanction this important principle. The presumption of innocence protects not
only the defendant but also the suspect before f‌i ling charges against him.1
Human rights are never fully and completely protected. The obligation that state institutions
have to respect them does not necessarily mean and in any case guarantee them. For this
reason, the material and procedural means envisaged in the legislation of a country are
intended to protect the rights of the fundamental rights when the individual has no other way
to enjoy them. Violation of fundamental rights can be claimed at every stage of ordinary trial
because courts are also obliged to enforce and respect human rights.2
The practice of the Court in conjunction with Article 6 of the ECHR is basically stated that it
has consistently been in the line of the fact that the right to a fair trial occupies an important
place in a democratic society in the sense of the European Convention on Human Rights.
The right to a fair trial3 is a very broad right and in any case should be carefully scrutinized by
the national courts, analyzing in detail all the facts that, in one form or another, would a ect
the material or procedural rights of the accused.” (Nowicki, 2003). The right to a fair trial is
implemented from the moment of the court’s investment and until the execution of its f‌i nal
The ECHR has emphasized that the principle of the presumption of innocence is considered
to be overturned if a judicial decision belonging to a person charged with a criminal o ense
ref‌l ects an opinion that he is guilty before his guilt has been proven by law.5
Keywords: ECHR, UDHR, ECHR, presumption of innocence, fundamental rights, “green
The principle of the presumption of innocence is found in all the most important
international texts as a fundamental human right, inevitably related to the “fair
process.” Warrantones referred to documents that a er World War II a empted to
rea rm the power of some rights and security in those fundamental freedoms that
were “tortured” during the war.
1 Although the original text in English and French uses the word “accused” Strasbourg practice has
extended the protection of the principle of the presumption of innocence even to persons suspected
but still untouched by prosecution (Frowein, Peukert, 1996, 164).
2 Article 15.2 of the Constitution.
3 See Apeh Uldozo einek Szovetesege and Others v. Hungary, Application No.32367 / 97, Pellegrin
v. France, no. 28541/95.
4 See Qufaf Case. Sh.K against Albania, decision of 18 November 2004.
5 Decisions in the case of John Murray v. The United Kingdom, 8 February 1996; Telfner v. Austria,
20 March 2001.

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