Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
television in connection with the Entebbe kidnapping of an Air France
airplane. The kidnappers had requested the release of various prisoners
who were detained in Israel and Europe, inter alia the applicant. The
Swiss Government refused to free the applicant and the Minister stated
on television the following: “Petra Kreuse cannot be considered simply as a
Palestinian fighter for freedom. She is a person who has committed common
law offences - offences in connection with explosives -and she must accept
responsibility for this. In autumn she will have to stand trial as a prisoner on
remand. One cannot fight against terrorism by releasing terrorists”.
In relation to the above declarations on television, the Commission
deemed that there had been no infringement of Article 6 (2), despite the
claims of the applicant. The Commission admitted that the Minister had
said on television that the applicant had been responsible for committing
crime, adding immediately that she had been yet to be tried and that
he did not know what the judgment would be. Therefore, according to
the Commission, in such a context it was clear that the Minister just
wanted to inform the public about an ongoing criminal investigation
against the applicant. The Commission concluded that, although the
statement of the Minister could have been worded more carefully, it could
be seen as information released by the Government referring the doubt
in the applicant and an announcement of the near trial. Therefore the
Commission found that there had been no infringement of Article 6 (2).
However, the Court specified that the principle underlined in Article 6 (2)
was not only a procedural guarantee applicable in criminal proceedings
but had much wider with an aim of protecting a person from being
treated as guilty for a crime prior the end of a trial, by any public servant
(in addition to the judicial authorities).
In the case of Daktaras641, the prosecutor stated in his decision rejecting
the request for termination of the proceeding that the defendant Daktaras
was guilty. On those grounds Daktaras filed a complaint with the Court,
claiming that his right to presumption of innocence had been infringed
by the statement of the prosecutor. In this case, the Court noted that the
prosecutor did not make the impugned statements in a context which is
independent from the criminal proceedings, like a press conference for
instance, but were put down in his decision in the preliminary stage of
the proceeding, in which he rejects the applicant’s request to discontinue
the persecution. The Court found the word “proven” which was used by
the prosecutor in the rationale which rejects the request for termination
of the investigation, as an unfortunate choice of word, but yet legitimate,
because the prosecutor was not addressing the issue whether the guilt
of the applicant was established by the evidence but to the issue whether
sufficient evidence about the applicant’s guilt was in the case file, so as to
justify the next step for putting the case on trial.
641
144
Daktaras v. Lithuania, no. 42095/98, ECHR, 17.01.2001.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents