The presumption of innocence across national borders

• Author: Lola Shehu
• Pages: 79-84

Vol. 4 No. 1

March, 2018

ISSN 2410-3918

Acces online at www.iipccl.org

79

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

The presumption of innocence across national borders

Lola Shehu

Abstract

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 trial3 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

decision.4

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

paper”.

Introduction

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.