KONSTAS v. GREECE JUDGMENT
7
Court reiterates that the principle of the presumption of innocence is above
all a procedural safeguard, and one of the elements of a fair criminal trial
required by Article 6 de the Convention (see, in this regard, Arrigo and
Vella v. Malta (dec.), no. 6569/04, 10 May 2005, and, more generally,
Allenet de Ribemont v. France, 10 February 1995, § 35, Series A no. 308).
As it has already stated, this principle is a specific application of the general
principle stated in paragraph 1 of that Article (see Deweer v. Belgium,
27 February 1980, § 56, Series A no. 35). The Court notes that in the
present case the Government did not refer to any remedy that would have
enabled the applicant to invite the criminal court concerned to find a
violation of the presumption innocence from the procedural standpoint. That
being so, the claim for damages based on Article 57 of the Civil Code to
which the Government referred could only be related to the alleged
violation and sufficient in part; it could not fully remedy the alleged
infringement of the presumption of innocence. The Court accordingly
dismisses the Government’s preliminary objection.
30. The Court further notes that in the first part of his complaint under
Article 6 § 2 of the Convention the applicant complained that the principle
of the presumption of innocence was undermined by decision no. 1969/2005
of the Indictment Division of the Athens Court of Appeal. The Court
observes, however, that that decision was given on 7 September 2005, more
than six months before 25 November 2007, the date on which the present
application was lodged.
It follows that this part of the complaint under Article 6 § 2 of the
Convention is out of time and must be rejected in accordance with Article
35 §§ 1 and 4 of the Convention.
31. Lastly, as regards the second part of the applicant’s complaint under
Article 6 § 2 of the Convention, concerning the remarks made by the Prime
Minister, the Minister of Justice and the Deputy Minister of Finance, the
Court notes that it is not manifestly ill-founded within the meaning of
Article 35 § 3 (a) of the Convention and that it is not inadmissible on any
other grounds. It must therefore be declared admissible.
b) Merits
i. General principles
32. The Court reiterates that while the presumption of innocence
enshrined in paragraph 2 of Article 6 is one of the elements of the fair
criminal trial that is required by Article 6 § 1, it is not limited to a
procedural safeguard in criminal matters: its scope is broader and requires
that no representative of the State should say that a person is guilty of an
offence before his guilt has been established by a court (see Allenet de
Ribemont, cited above, §§ 35-36). The Court also points out that the
presumption of innocence may be infringed not only by a judge or court but
also by other public authorities (see Daktaras v. Lithuania, no. 42095/98,