Doubt in Favour of the Defendant, Guilty Beyond Reasonable Doubt
had acquitted him on account of insufficiency of proof, the appellate
court’s reasoning amounted to a finding of guilt. After the applicants
complaint to Federal Court of Constitution stating that judgment violated
the presumption of innocence the Constitutional Court declared the
complaint inadmissible and the applicant lodged an application with
the ECtHR. The German Government argued that the presumption of
innocence did not apply to the reasoning of a judgment and that decision
of the German court is in line with Article 6 (2) which only require that a
defendant be acquitted if not proved guilty beyond reasonable doubt.
The ECtHR rejected the argument made by the German government that
presumption of innocence did not impose any boundaries on a court
when providing reasons for the acquitting judgment. On contrary, ECtHR
pointed out the importance of reasoning of judgment stating that the
language used by the decision‑maker will be of critical importance in
assessing the compatibility of the decision and its reasoning with Article
6 § 2. In the judgment, the Courts stated: ”In view of these elements, the
Court considers that the Regional Court’s impugned statements went beyond
a mere description of a state of (remaining) suspicion by using unfortunate
language. They must be said, in the circumstances, to have contradicted
or “set aside” the applicant’s acquittal by amounting to a finding that the
applicant was guilty of the offences he was charged with.”
In the case of Lavents637 the Court established that there was a breach of
Article 6 (2) because the judge of the trial had given interviews to the press
during of the trial in which she had stated that she was not sure whether to
convict the accused for all or only some counts of the indictment and had
expressed her surprise with the defendant completely denying all charges,
thus alleging that the defendant should have somehow proved his innocence:
the Court affirmed that, by releasing such a statement prior to the end of
trial, the judge had blatantly violated the presumption of innocence.
The Court has confirmed the above approach in the case of Allenet de
Ribemont638. In this case, a member of the French Parliament and former
Minister was murdered in front of the applicant’s home. The victim was
visiting his financial adviser, who lived in the same building and with
whom Mr. Ribemont was planning to open jointly a restaurant in Paris.
This plan was financed by the victim who lend money to the applicant
and for making him responsible for repaying the loan. Once the judicial
investigation for murder was initiated, the police of Paris detained
several persons, including Mr. Allenet de Ribemont. On the day of the
arrest, the French Minister of the Interior and several high rank police
officer had a press conference. One of the officers, stated that Mr. Allenet
was one of the instigators of the murder, and his colleagues have their
statements in support of his own. Afterwards Mr. Allenet de Ribemont
637
638
142
Lavents v. Latvia, no.58442/00, ECHR, 28.02.2003.
Allenet de Ribemont v. France, no 15175/98, ECHR, 10 February 1995
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