complainants‟ guilt, thereby violating the principle of presumption of
innocence. In Communication 224/98: Media Rights Agenda v Nigeria, the
African Commission agreed with the Complainant that that prior to
the setting up of the tribunal, the military Government of Nigeria
organised intense pre-trial publicity to persuade members of the public
that a coup plot had occurred and that those arrested in connection
with it were guilty of treason. The African Commission agreed further
that any possible claim to national security in excluding members of
the public and the press from the actual trial by the tribunal cannot be
justified, and therefore in breach of the right to fair trial, particularly,
the right to presumption of innocence.
187.
As in the case of Communication 224/98: Media Rights Agenda v
Nigeria, in the instant matter the Respondent State has not really
contested the veracity of the Complainant's allegation. In this
circumstance, the African Commission is obliged to accept this as the
facts of the case and therefore finds the Respondent State in violation
of Article 7(1)(b) of the African Charter.
188.
Again, the Respondent State have not specifically addressed the
allegation that Proclamation No. 22/1992 violated the right to be
presumed innocent as guaranteed in Article 7(1)(b) of the African
Charter. Statements made by the Respondent State officials during and
after the trial of the Victims violate the violates the right to be
presumed innocent as guaranteed in Article 7(1)(b) of the African
Charter. The Respondent State have not specifically addressed the
allegation in the Proclamation.
189.
The Respondent State have not addressed the allegation that
statements made by the Respondent State officials during and after the trial of
the Victims violate the violates the right to be presumed innocent as
guaranteed in Article 7(1)(b) of the African Charter
190.
The presumption of innocence implies a right to be treated in
accordance with this principle. In Civil Liberties Organisation, Legal
Defence Centre, Legal Defence and Assistance Project v Nigeria the African
Commission stated that the principle of the presumption of innocence
constituted a fundamental principle, which protects everybody against
being treated by public officials as if they were guilty of an offence
even before such guilt is established by a competent court.50 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 the doubt. No
guilt should be presumed until a charge has been proved beyond
reasonable doubt. It is, therefore, a duty for all public authorities to
50
See Communication No. 218/98, Civil Liberties Organisation, Legal Defence Centre, Legal Defence
and Assistance Project v. Nigeria, paragraphs 40 -41.
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