- Journal Issues
- № 1 2015 Problems of pre-trial investigation
- Tribune of young scientist
- Features of the presumption of innocence in the light of the European Court of Human Rights
Features of the presumption of innocence in the light of the European Court of Human Rights
Review
The article highlights the issue of implementation details of the presumption of innocence in the light of the European Court of Human Rights. The list of international legal acts that define the position that a person accused of a criminal offense shall be presumed innocent until his guilt is established by law in order. Such acts are: the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights. It is noted that the Organization for Security and Cooperation in Europe also gained such standards, recognizing that a number of key elements of justice full protection of the inherent dignity and of the equal and inalienable rights serves entitled “considered innocent until guilt is not installed in accordance with the law” . Based on a systematic analysis of the European Court of Human Rights, the author of the article the incidents of violation of the presumption of innocence. These cases are: 1) commenting employees of public authorities and the media of criminal proceedings against a person’s guilt in a criminal offense long before trial criminal proceedings and in accordance with the court’s judgment of conviction; 2) during the implementation of some measures to ensure the criminal proceedings; 3) remand the suspect, accused at trial criminal proceedings in the «cage».
Keywords: principle; presumption of innocence; criminal proceedings; violation; criminal justice.