004066 ·
187.
Refuting the Applicant's contentions, the Respondent State submits that the
presumption of innocence is a "... Principle which implies that the accused person must
be acquitted on the benefit of the doubt by the trial court where his guilt is not proven and
that during the trial itself, the person must be held not guilty and respected as such".
188.
The Respondent State submits that, while in police custody, the Applicant who
was not regarded as a detainee or an indictee, remained at the disposal of the
Maritime Gendarmerie Company of the Autonomous Port of Cotonou for the
purposes of investigation; adding that he was never presented as perpetrator, coperpetrator of, or accomplice in, the offence of international high-risk drug
trafficking and that his right to be presumed innocent has not been violated .
***
189.
Article 7(1)(b) of the 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".
190.
Presumption of innocence means that any person prosecuted for an offence is
presumed , a priori, not to have committed it, so long as his guilt is not established
by an irrevocable Judgment. It follows that the scope of the right to presumption of
innocence embraces the entire procedure from the time of examination to the
pronouncement of final judicial decision, and that violation of the presumption of a
person's innocence "may be ascertained even in the absence of final conviction where
the judicial decision concerning the person reflects the feeling that he is guilty"24.
191.
In the instant case, the Applicant submits that his right to presumption of
innocence was violated throughout the judicial process and also by the fact that his
acquittal was based on the benefit of the doubt, and by the abusive appeal of the
Attorney General.
24ECHR, Application No. 8660/79; Minelli v. Switzerland, Jud
Serle A No. 62.
I
t of 25/03/1983 , §§ 27 and·37,