61. Article 7(1)(b) of the Charter provides:
“Every individual shall have the right to have his cause heard. This
comprises…the right to be presumed innocent until proved guilty by a
competent court or tribunal.”
62. The Court emphasises that presumption of innocence means that any
person suspected or accused of an offence is, a priori, presumed not to
have committed it, until found guilty by an irrevocable judicial decision.17 It
follows that the scope of the right to the presumption of innocence covers
the entire procedure from arrest to the delivery of the decision.18
63. The Court has held that respect for the presumption of innocence is not only
binding on the criminal court, but also on all other judicial, quasi-judicial and
administrative authorities.19
64. The Court considers that presumption of innocence is violated if, without
establishing the judicial guilt of an individual, a judicial or administrative
decision suggests that they are guilty. In the same vein, presumption of
innocence is violated when authorities, including judicial authorities,
undertake acts that lead the public to believe in the guilt of accused persons.
65. The Court recalls that in the present case, the Order of 22 July 2019 relates
to two categories of persons, namely, persons whose appearance, hearing
or interrogation is required at the preparatory or trial stage of criminal
proceedings initiated against them, and persons who have been the subject
of an enforceable conviction. In sum, the Order concerns persons against
whom there is no irrevocable criminal judgment, meaning that the said
An irrevocable decision is a “decision that cannot be appealed”. It is distinguished from a final
judgment, which is a “judgment that settles a main or incidental dispute, removing the judge from
jurisdiction and having the authority of res judicata. It remains subject to appeal. (Lexique des termes
juridiques, 25th edition, 2017-2018, Serge Guinchard, Dalloz (edit).
18 Sébastien Germain Ajavon v. Republic of Benin (29 March 2019) (merits) 3 AfCLR 130, § 190;
Houngue Eric Noudéhouenou v. Republic of Benin, Application No. 003/2020, Judgment of 4 December
2020 (merits), § 100.
19 Ajavon, ibid, § 192; Noudéhouenou, ibid, § 101.
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