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KONSTAS v. GREECE JUDGMENT
§§ 41-42, ECHR 2000-X). This is because the presumption of innocence, as
a procedural right, serves mainly to guarantee the rights of the defence and
at the same time helps to preserve the honour and dignity of the accused.
33. In this regard, the Court stresses the importance of the wording used
by representatives of the State in remarks made before a person has been
tried and found guilty of an offence. It considers that what counts when it
comes to the application of the above-mentioned provision of the
Convention is the real meaning of the remarks made, not their literal form
(Lavents v. Latvia, no. 58442/00, § 126, 28 November 2002). However,
whether or not a public official’s remarks breach the principle of the
presumption of innocence must be examined in the context of the particular
circumstances in which the offending remarks were made (see, among other
authorities, Adolf v. Austria, 26 March 1982, §§ 36-41, Series A no. 49).
ii. Application of the above principles to the present case
(α) The fact that the remarks were made after the applicant had been convicted
at first instance
34. The Court notes first of all that the offending remarks were made
after the applicant had been convicted at first instance and while his appeal
was still pending. The question thus arises whether the principle of the
presumption of innocence could have been prejudiced at that stage of the
proceedings. The Court considers that Article 6 § 2 of the Convention by no
means prevented the competent authorities from referring to the applicant’s
existing conviction when the matter of his guilt had not been finally
determined. Clearly, the applicant’s conviction at first instance is the
objective element at the centre of the appeal proceedings. Furthermore,
regard being had to Article 10 of the Convention, Article 6 § 2 can neither
prevent the authorities from informing the public about the criminal
conviction concerned, nor prevent discussion of the subject by the media or
the general public or, as in the present case, in the course of a parliamentary
debate (see, mutatis mutandis, Allenet de Ribemont, cited above, § 38, and
Papon v. France (no. 2) (dec.), no. 54210/00, ECHR 2001-XII).
Nonetheless, such reference should be made with all the discretion and
restraint which respect for the presumption of innocence demands (see Peša
v. Croatia, no. 40523/08, § 139, 8 April 2010).
35. In addition, the Court reiterates that it has already found that in the
preliminary stages of a criminal case statements made by the public
authorities should not encourage the public to believe the accused guilty, or
prejudge the assessment of the facts by the competent judicial authority (see
Allenet de Ribemont, cited above, § 41). Furthermore, in other cases where
the domestic courts had not determined the question of guilt by a final
judgment, the European Commission on Human Rights has explained that it
is the essence of the principle of presumption of innocence that it can only
be invalidated by a final conviction in accordance with the law (see Englert