Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
Thus, the above remarks could prejudge the assessment of the facts
by the competent judicial authority and could encourage the public to
believe the applicant guilty, before he had been proved guilty according
to law: therefore the Court stated that in the present case there had been
a violation of Article 6 (2) of the Convention.
In the case of Neagoe649 the factual case concerned a statement made by
the spokesperson of the Court of Appeal before the latter had conducted
its deliberations, encouraging the public to consider the applicant guilty
of – among other things – homicide. In particular, the spokesperson of
the Court of Appeal had made the following statement to the press: “the
Court of Appeal is probably going to quash the county court judgment. I am
assuming that the defendants will be found guilty”.
The Court was aware of the importance of the case to the public (the
case had aroused a great deal of interest in the media) and hence, the
interest of the media in the proceedings. Nevertheless, the spokesperson
of the Court of Appeal had not confined himself to releasing solely the
information on the proceedings but had disclosed his personal opinion
on Mr. Neagoe’s guilt. The Court emphasized that a distinction had to
be drawn between a straightforward expression of suspicion about an
individual and the public disclosure of a personal view concerning his
guilt. The spokesperson of the Court of Appeal had not simply informed
the media of the charges against Mr. Neagoe but had made his personal
opinion regarding the guilt of the defendant public, thus encouraging the
public to consider the applicant guilty. Finally, the Court pointed out that
the fact that Mr. Neagoe was eventually found guilty had no impact on
the right to presumption of innocence, which has to be respected until
a judicial decision has been delivered. The Court specified that Article
6 (2) of the Convention governs criminal proceedings in their entirety,
“irrespective of the outcome of the prosecution”. Therefore the Court
stated that the applicant did not benefit from the requisite safeguards for
a fair trial, that presumption of innocence had not been respected and
that there had been a violation of Article 6 (2) of the Convention.
649
150
Neagoe v. Romania, no. 23319/08, ECHR, 21.10.2015.
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