KONSTAS v. GREECE JUDGMENT
11
The Court accordingly finds that there has been no violation of Article 6
§ 2 of the Convention in respect of the Prime Minister’s statements.
42. As regards the remarks made by the Deputy Minister of Finance, the
Court notes that, among other things, he used the term “crooks” and said
“you even steal from each other”. In so doing, he did not restrict himself to
merely referring to the applicant’s conviction by the Assize Court’s
judgment no. 2444/2007, which would have been keeping with the principle
of the presumption of innocence. It should be noted in this regard that as
that judgment had not yet been finalised, the Deputy Minister of Finance
had made these statements without knowing the exact facts on which the
Assize Court had based its verdict. In the Court’s opinion, such blunt,
imprudent language was likely to influence public opinion as regards the
applicant’s guilt. In particular, the word “crook” illustrated his – very
negative – personal opinion of the applicant following the Assize Court’s
judgment. In addition, the comment “you even steal from each other”,
another implicit but clear reference to the applicant, had all the appearance
of a new assessment of the facts the Court of Appeal would be examining in
order to deliver the final decision in the matter. In short, the wording used
by the Deputy Minister of Finance appears to have reflected his own view
of the case, prejudging the future judgment of the Court of Appeal.
43. As to the wording used by the Minister of Justice, the Court observes
first of all that he did not speak as bluntly as the Deputy Minister of Finance
in referring to the conviction of the people involved in the case.
Accordingly, his comments could not be construed as his own, negatively
biased appraisal of the applicant’s case. The Minister of Justice did,
however, declare that the Greek courts had “boldly and resolutely”
convicted those involved in the case. That statement was likely to give the
impression that the Minister of Justice was satisfied with the verdict reached
in judgment no. 2444/2007 and wanted the Court of Appeal to uphold that
judgment. The Court draws attention in particular to the specific political
post this government minister occupied at the time. As Minister of Justice
he embodied, par excellence, the political authority responsible for the
organisation and the proper functioning of the courts. He should therefore
have been particularly careful not to say anything that might give the
impression that he wished to influence the outcome of proceedings pending
before the Court of Appeal. In the light of the foregoing, the Court finds that
the words used by the Minister of Justice appeared to prejudge the decision
of the Court of Appeal.
44. The Court takes note of the Government’s argument concerning the
time that elapsed between the making of the offending comments and the
examination of the case on appeal. According to the Government, the appeal
proceedings were still pending, so the comments made could not possibly
influence the Court of Appeal after such a long time. The Court considers
that the compatibility of statements with the principle of the presumption of
innocence is determined with regard to the time when the statements were