were carried out at national and international level due to the foreign
elements involved, notably with letters rogatory in Cameroon, Mali and
Algeria, as a result of the magnitude of the tasks, the closure of the
information, which occurred on 3 December 2018, is even a great
achievement; that the said information eventually generated charges against
the Applicant, in accordance with the rules of jurisdiction and procedure
described above, that in addition, the presumption has essentially the
following components: the right to be heard by a judge and the right to be
assisted by a lawyer; that throughout the proceedings, these rights were
guaranteed to the Applicant.
151. The right to be presumed innocent until proven guilty is a fundamental
human right and is another principle that conditions the treatment to which
an accused person must be subject, during the criminal investigation and
trial, until the final appeal.
152. Article 7 (1) (b) of the African Charter provides that:
“1. Every individual shall have the right to have his cause heard. This
comprises: (b) “the right to be presumed innocent until proved guilty by a
competent court or tribunal;”
153. Similarly, this right is enshrined in other international instruments,
namely in Articles 14(2) of the ICCPR, 8(2) of the American Convention on
Human Rights and 6(2) of the European Convention on Human Rights and
11(1) of the Universal Declaration of Human Rights.
154. The Commission on Human Rights noted in General Comment No.
13,§7, that: “(...)By reason of the presumption of innocence, the burden of
proof of the charge is on the prosecution and the accused has the benefit of
doubt. No guilt can be presumed until the charge has been proved beyond
reasonable doubt. Further, the presumption of innocence implies a right to
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