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Violations of Article 6 (2)
Alleged violation of Article 6, par. 2 of the Convention
"Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law."
A great achievement of the modern State and modern law is a provision according to which everyone is presumed innocent until proved guilty by legal and well-founded judgement entered into force according to law. Article 6, par. 2, of the Convention clearly stipulates this principle: "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law".
Article 6, par. 2, of the Convention requires that the guilt of any accused be proved by an independent and impartial tribunal according to procedural laws. A judge must verify the evidence objectively and, observing the principle "in dubio pro reo", in case of any doubt he must render a judgment in favour of the accused.
The presumption of innocence also carries with it the principle of burden of proof, according to which the accuser must prove the guilt of the accused and not the accused his or her lack of guilt. An accused has no duty to prove his or her innocence. Neither law nor court has a right to delegate the burden of proof to an accused.
Considering the foregoing, the applicants submit that the presumption of innocence as proscribed by Article 6, par 2, of the Convention was violated with regard to them by journalists, who spoke about the applicants as if they were criminals even before the trial commenced. (See the attached Annex A.. - DVD).
In this regard, the ECHR considers that mass media must also observe the principle of presumption of innocence. Mass media reports must not be based upon a biased allegation about the guilt of an accused. In the case Sunday Times the Court has stated that not only the media have the task of imparting information and ideas: the public also has a right to receive them. Even though mass media is entitled to freedom of the press must never expose an accused to discussions about his guilt until a specific judgment is made with respect to the accused.
With regard to the presumption of innocence the European Court has stated that State bodies must also observe this principle not only during the trial but also before a person has been accused. In the case Allenet de Ribemont v. France (S A-308) the Court found a violation of presumption of innocence. Namely, a Minister of Healthcare and Social Welfare spoke of an applicant as of an instigator of well-known political murder. He mentioned it in his TV interview during the pretrial investigation of the case.
The applicants submit that the same was done with respect to them, when the Minister of Healthcare and Social Welfare of Georgia, Lado Chipashvili, called them criminals during the pretrial investigation stage. (See the attached Annex A.. - DVD).
Such an attitude on the part of journalists and the Minister, who is a high state official, is clearly aimed at undermining the reputation of the applicants and at creating a background supporting a judgment of conviction against them. The applicants further emphasize that such manoeuvres can also be considered a pressure upon the judiciary.
Considering the foregoing the applicant submits that Article 6, par. 2, of the Convention was brutally violated with regard to them.
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violations against Article 6 par. 3
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