Discursul public al autorităților și prezumția de nevinovăție: între garanție fundamentală și percepție de culpabilitate
Public discourse of authorities and the presumption of innocence: between fundamental guarantee and perception of guilt

Summary/Abstract: The presumption of innocence, expressly enshrined in Article 6 paragraph 2 of the European Convention on Human Rights, constitutes one of the fundamental guarantees of a fair trial and an essential pillar of the rule of law. Although, in essence, this represents a procedural protection that finds its applicability in the criminal trial, the case law of the European Court of Human Rights has constantly expanded its scope, ruling that the obligations imposed by this presumption do not only apply to courts, but also to any representative of the state who, through public statements, could suggest the guilt of a person before a final judgment is rendered. The doctrine has dealt relatively briefly with the issue of violating the presumption of innocence through official statements by public authorities, although European judicial practice reveals a proliferation of situations in which this principle is jeopardized by unquantified and sometimes careless communications. In particular, the nature and content of such statements, the context in which they are made, the quality of the persons making them and their potential impact on public opinion and the impartiality of the court are essential elements to be analysed when assessing compliance with the standards required by Article 6 § 2 of the Convention. This paper aims to examine in detail the relevant case law of the European Court of Human Rights, starting with the emblematic case Allenet de Ribemont v. France, in which for the first time a violation of the presumption of innocence was found as a result of official statements. The purpose of the research is to identify the legal principles outlined by the Court regarding this issue, to delimit the categories of subjects who may be guilty of such violations, as well as to establish interpretative criteria regarding the terminology used in official public speeches.

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