KONSTAS v. GREECE JUDGMENT
12
made; the time that passes before the competent court examines the merits
of the case is therefore not a crucial factor in the assessment of the
complaint under Article 6 § 2 of the Convention. In any event, to accept the
Government’s argument would be drawing an unreasonable conclusion for
the purposes of the Convention, namely that the longer the criminal
proceedings, the more any disregard for the presumption of innocence at an
earlier stage of the same proceedings could be minimised.
45. In conclusion, the Court finds that the remarks made by the Deputy
Minister of Finance on 11 June 2007 and the Minister of Justice on
12 February 2008 went far beyond a mere reference to the applicant’s
conviction by judgment no. 2444/2007. The Court pays particular attention
to the fact that the remarks were made by high-ranking politicians and even,
in the case of the Minister of Justice, by a person of authority whose
position required him to show particular restraint when commenting on
judicial decisions. The above considerations are sufficient for the Court to
be able to conclude that there has been a violation of Article 6 § 2 of the
Convention in respect of the proceedings pending before the Athens Court
of Appeal, on account of the statements made by the Deputy Minister of
Finance and the Minister of Justice.
...
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Declares the complaint under Article 6 § 2, concerning the statements
made by members of the Government, and the complaint under Article
13 of the Convention, concerning the statements made by the Deputy
Minister of Finance and the Minister of Justice, admissible ... ;
2. Holds that there has been no violation of Article 6 § 2 of the Convention
in respect of the Prime Minister’s statements;
3. Holds that there has been a violation of Article 6 § 2 of the Convention
in respect of the statements made by the Deputy Minister of Finance and
the Minister of Justice;
...