C O M P A R AT I V E S T U D Y
Therefore the Court concluded that the statements used by the prosecutor
did not breach the principle of presumption of innocence, since it was
a procedural decision assessing whether to continue or dismiss the
proceeding and it was not a decision about the of the defendant which
would have breached Art. 6 (2) of the Convention.
In the case of Karaman642 the Court stated that the principle of
presumption of innocence may also be infringed on account of premature
expressions of a suspect’s guilt made within the scope of a judgment
against separately prosecuted co-suspects. The applicant was the founder
of a Turkish TV station broadcasting both in Turkey and in Germany.
During a program broadcast by the above TV, there were reports on
charitable aid projects and appeals for monetary donations. In its appeals,
the association running the collection of proceeds (the association
involving the applicant and other people) stressed that the funds donated
would be used directly and exclusively for charitable purposes and for the
funding of social projects. After some time the prosecution authorities
of Frankfurt launched an investigation against several individuals on
suspicion of having fraudulently used the majority of funds donated
to the association for commercial purposes and their own benefit. An
investigation against the applicant, based on the same grounds, started
some time later, but the proceedings against the applicant and the cosuspects remained separated. Some suspects stated that they could
not decide how the donated funds had been used, that they had been
integrated into the hierarchy of a criminal organization whose leaders
were in Turkey and in which the applicant had played a leading role and
that they had to obtain the applicant’s prior approval as to any decision
related to the use of the donations. In the judgment issued against the
co-suspects, the national court emphasized the responsibilities of the
applicant in a few sentences, even though he was not a part of the above
proceedings. Furthermore, the presiding judge, when delivering the
judgment, said that “strings were pulled at the level of Kanal 7” (the TV
station) and that the convicted had “acted in accordance with instructions
they had received … in particular from Zekyria Karaman, ..., ... and ...The
main persons in charge were located in Turkey”.643 The applicant lodged
a complaint with the Federal Constitutional Court arguing that the
references in the reasoning of the court to his role in the fraudulent
use of the donated funds had violated the principle of presumption of
innocence. After the complaint was rejected by the German national
courts, Mr. Karaman applied the ECHR.Foremost, the Court stated that
the aim and purpose of the Convention was protecting people which is
why its provisions had to be interpreted and applied in order to make
its safeguards practical and effective. Having said that, the Court noted
642
643
Karaman v. Germany, no. 17103/10, ECHR, 07.07.2014.
Ibid. § 15.
145
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