Chapter v  Right to be Presumed Innocent and Privilege against Self-Incrimination 91 5.1 Presumption of innocence Once charged with a criminal offence, and applicable to all stages of criminal proceedings up to conviction, every person so charged has the right to be presumed innocent until proved guilty according to law.349 The presumption of innocence governs criminal proceedings in their entirety, irrespective of the outcome of the prosecution.350 Therefore, as the European Court stated in Matijašević v Serbia and in Garycki v Poland, the fact that the applicant is ultimately found guilty does not vacate her/his initial right to be presumed innocent until proved guilty according to law.351 The presumption of innocence applies, under certain circumstances, even before the official notification of a criminal charge in the form of an indictment has been issued. According to the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment: “A detained person suspected of or charged with a criminal offence shall be presumed innocent and shall be treated as such until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.”352 The European Court of Human Rights adopts an autonomous meaning of the ECHR expression “charged with a criminal offence” (See also 1.1) as referring to “the official notification given to an individual by the competent authority of an allegation that he has committed a criminal offence”, a definition that also corresponds to the test whether “the situation of the [suspect] has been substantially affected”.353 The second parameter includes the stage of investigation in the case of a suspect who is arrested and detained in police custody pending the formalization of the charges.354 The presumption of innocence is treated as fundamental to the protection of human rights355 and demands various things in its practical application, namely that:356 The court of tribunal must not predetermine the case before it (See also 5.1.1); guilt beyond reasonable doubt must be proved by the prosecution, except to the extent that presumptions of law or fact might be permissible (See also 5.1.2); the way in which an accused person is treated should not be such so as to indicate that the accused is guilty (See also 5.1.3); and the media should avoid news coverage that undermines the presumption of innocence, and public authorities must similarly refrain from making public statements that would have the same effect (See (1992), para 6.6; and Cabal and Bertran v Australia, HRC Communication 1020/2001, UN Doc CCPR/ C/78/D/1020/2001 (2003), para 7.6. 349 Allenet de Ribemont v France [1995] ECHR 112, para 37. 350 Minelli v Switzerland [1983] ECHR 4, para 30. 351 Matijašević v Serbia [2006] ECHR 1161, para 49; Garycki v Poland [2007] ECHR 112, para 72. 352 UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted by the UN General Assembly on 9 December 1988, principle 36, paragraph 1. 353 Serves v France [1997] ECHR 82, para 42. 354 Allenet de Ribemont v France [1995] ECHR 112, para 37. 355 UN Human Rights Committee, CCPR General Comment 32 (2007), para 30. 356 UN Human Rights Committee, CCPR General Comment 32 (2007), para 30; Barberá, Messegué and Jabardo v Spain [1998] ECHR 25, para 77.