C O M P A R AT I V E S T U D Y
was formally charged with aiding and abetting murder and was taken into
custody where he stayed under detention on remand. He was released
after three months of detention on remand with a discharge order was
finally issued after three years. After having been released, Mr. Allenet
de Ribemont submitted a claim for compensation based on Article 6 par.
2 of the Convention, but the claim was dismissed by the national courts:
more specifically Mr. Allener sought compensation of ten million French
francs for the non-pecuniary and pecuniary damage he maintained he
had sustained on account of the above statements by the Minister of the
Interior and senior police officials.
ECHR stated that Government of France had wrongly argued that
presumption of innocence could be infringed only by a judicial authority.
On the contrary, the Court acknowledged that the principle of presumption
of innocence was above all a procedural safeguard in criminal proceedings,
but that its scope was more extensive, and that it imposed obligations not
only on criminal courts but also on other authorities. The Court stated that
Article 6 (2) is surely violated if a judicial decision concerning a defendant
reflected an opinion that the person is guilty before he has been proven so
by law, specifying that “It suffices, even in the absence of any formal finding,
that there is some reasoning suggesting that the court regards the accused
as guilty”639; but the Court also stressed that presumption of innocence
may be infringed not only by a judge or court but also by other public
authorities.
At the time of the press conference, some of the highest-ranking officers
in the French police referred to Mr. Allenet de Ribemont, without any
qualification or reservation, as one of the instigators of a murder and
thus an accomplice in that murder. This was clearly a declaration of the
applicant’s guilt which, firstly, encouraged the public to believe him guilty
and, secondly, prejudged the assessment of the facts by the competent
judicial authority. Therefore the Court stated that there had been a
breach of Article 6 (2).
In the case of Krause640 the Commission has stated the following: “Article 6
(2), therefore, may be violated by public officials if they declare that somebody
is responsible for criminal acts without a court having found so. This does
not mean, of course, that the authorities may not inform the public about
criminal investigations. They do not violate Article 6 (2) if they state that a
suspicion exists, that people have been arrested, that they have confessed
etc. What is excluded, however, is a formal declaration that somebody is
guilty”. In that case, the applicant was arrested under suspicion of
having committed various offences and was placed in solitary detention
on remand. Before the commencement of the main trial, the Head of
the Swiss Federal Department of Justice and Police was interviewed on
639
640
Ibid. §35.
Krause v. Switzerland, no.13126/87, ECHR, 20 May 1992.
143
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