be treated in accordance with this principle. It is, therefore, a duty for all
public authorities to refrain from prejudging the outcome of a trial.”
155. Court stated in the case of BATIONO IDA FLEUR PELAGIE v.
BURKINA FASO, Judgment No. ECW/CCJ/JUD/14/12 of 31 October 2012,
LRCCJ (2012), p. 310 §32 that: “The Court observes that the presumption
of innocence implies that every person is supposed to be innocent as long as
a competent court has not decided on his guilt and has not convicted of the
offense that he is charged with; it prohibits all statements, all events,
attitudes or behaviour likely to believe that a person is guilty before that
person is declared as such by the competent court in the context of a judicial
proceeding.”
156. The African Court further wrote in the case of INGARBIRE
HUMUHOZA VICTOIRE v. REPUBLIC OF RWANDA, Application No.
03.14 of 24 November 2017 para 84 that: “The essence of the right to
presumption of innocence lies in its prescription that any suspect in a
criminal trial is considered innocent throughout all the phases of the
proceedings, from preliminary investigation to the delivery of judgment and
until his guilt is legally established.”
157. And mentioned in the case OSGAR JOSIAH v. UNITED REPUBLIC
OF TANZANIA, Application No. 053/2016, 28 March 2019, p. 51: “The
Court observes that the right to a fair trial and specifically, the right to
presumption of innocence requires that a person's conviction on a criminal
offence which results in a severe penalty and in particular to a heavy prison
sentence, should be based on solid and credible evidence.”
158. On its turn, the European Court of Human Rights stated in the case of
BARBERÁ, MESSEGUÉ AND JABARDO v. SPAIN, 6 December 1988, § 77
that: “the principle of the presumption of innocence ... requires, inter alia,
that, in the performance of their functions, the members of a Court must not
begin with the preconceived idea that the accused has committed the crime
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