refrain from prejudging the outcome of a trial. The African
Commission has found a violation of the right to be presumed innocent
based on a State‟s negative pre-trial publicity. In the above mentioned
case of Media Rights Agenda/Nigeria, the African Commission agreed
with the Complainant that adverse negative publicity violeted the
defendants rights to fair trial.
191.
In Law Office of Ghazi Suleiman/ Sudan51, the African Commission
again examined the right to presumption of innocence. Here, the
complainant alleged that high-ranking government officials and
investigators had publicly asserted the defendants‟ guilt. Furthermore,
it was alleged that government-orchestrated publicity stated that the
defendants were behind a coup attempt against the state. Sudan did not
conceal its bias against the defendants, showing „open hostility
towards the victims by declaring that „those responsible for the
bombings‟ will be executed‟. Because Sudan had publicly pre-judged
the defendants before a proper court had established their guilt, the
African Commission found that the State had violated the right to be
presumed innocent under Article 7(1)(b) of the African Charter.
192.
This position of the African Commission is further reinforced by
its Principles and Guidelines on the Right to a Fair Trial and Legal
Assistance in Africa, where it stated that: „Public officials shall
maintain a presumption of innocence. Public officials, including
prosecutors, may inform the public about criminal investigations or
charges, but shall not express a view as to the guilt of any suspect‟. The
African Commission agrees with the Complainant that the Dergue
officials were treated as if they were guilty of the offences with which
they were charged even before their guilt was established by a
competent court. It agrees that statements by the Respondent State at
the pre-trial and trial period clearly demonstrate the government‟s
hostility and bias towards the Victims.
193.
In its General Comment on Article 14, the Human Rights
Committee stressed the duty of all public authorities to „refrain from
prejudging the outcome of a trial‟.52 In particular, the Committee held
51
Communications 222/98 & 229/99.
The Complainant cite the seminal case of Allenet de Ribomont v. France, the applicant, a French
national, was arrested in connection with the murder of a member of parliament. That same day, at a
press conference, the Minister for the Interior and senior police officers made several conclusory
statements asserting that the applicant was an instigator in the murder. Two French television channels
reported these statements in their news programs. On 14 January 1977, the applicant was charged with
aiding and abetting intentional homicide and taken into custody. In his complaint to the European
Commission, the applicant claimed that the statements made by the Minister for the Interior violated
his right to the presumption of innocence. In its defence, the government argues that the presumption of
innocence could be infringed only by judicial authorities. The European Court held, firstly, that the
right to presumption of innocence secured by Article 6 (2) may be infringed by public authorities other
52
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