he is being charged of; The burden of proof is on the prosecution and any
doubt must benefit the accused.”
159. It stressed that this right: “does not necessarily prohibit presumptions
of law or fact, but any rule shifting the burden of proof or applying a
presumption operating against the accused must be confined within
reasonable limits which take into account the importance of what is at stake
and maintain the rights of the defence.” (see SALABIAKU v. FRANCE, 7
October 1988, § 28).
160. In the instant case, the Applicant's allegations are not to be accepted,
as they lack any argumentation that follows the meaning of the right to
presumption of innocence, as explained above.
161. The Applicant has neither alleged nor proved any facts to show that
he was found guilty by the Defendant's agents before his guilt was proven
according to law beyond a reasonable doubt. That is, that the public
authorities prejudged the outcome of a trial.
162. The Court therefore rejects these allegations and concludes that the
Defendant did not violate the Applicant's right to the presumption of
innocence provided for in Article, 7 (1) (b) of the African Charter and
Articles 14 (2) of the ICCPR, 11 (1) of the Universal Declaration of Human
Rights.
4 - Violation of Article 9 (3) of the International Covenant on Civil and
Political Rights by the failure to comply with the reasonable period of
time for the investigation:
163. To substantiate the violation of the right in question, the Applicant
submits that reasonable time is a fundamental guarantee of good justice; that
it is unanimously accepted that everyone is entitled to good justice, without
any distinction.
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