KONSTAS v. GREECE JUDGMENT 4 20. The above section establishes the concept of a special prejudicial act in public law, creating State liability in tort. This liability results from unlawful acts or omissions. The acts concerned may be not only legal acts but also physical acts by the administrative authorities, including acts which are not in principle enforceable through the courts (Kyriakopoulos, Interpretation of the Civil Code, section 105 of the Introductory Law to the Civil Code, no. 23; Filios, Contract Law, Special Part, volume 6, Tort, 1977, para. 48 B 112; E. Spiliotopoulos, Administrative Law, 3rd edition, para. 217; Court of Cassation judgment no. 535/1971, Nomiko Vima, 19th year, p. 1414; Court of Cassation judgment no. 492/1967, Nomiko Vima, 16th year, p. 75). The admissibility of an action for damages is subject to one condition, namely, the unlawfulness of the act or omission. THE LAW I. ALLEGED VIOLATIONS OF ARTICLE 6 OF THE CONVENTION ... 22. In addition, the applicant alleged that the principle of the presumption of innocence had been infringed by decision no. 1969/2005 of the Indictment Division of the Athens Court of Appeal. He further complained that comments made by the Prime Minister, the Deputy Minister of Finance and the Minister of Justice about his case, while it was still pending on appeal, had also infringed that principle. He relied on Article 6 § 2 of the Convention. The relevant parts of Article 6 of the Convention read as follows: “... 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. ...” ... B. The complaint under Article 6 § 2 of the Convention 1. The parties’ submissions (a) The Government 24. The Government first submitted that the applicant had not exhausted the domestic remedies. They argued that he could have sought damages under Articles 57 and 59 of the Civil Code taken together with Section 105