Human rights

The presumption of innocence enshrined in Art 6(2) of the European Convention on Human Rights (the Convention) was one of the elements of a fair criminal trial required by Art 6(1). It would be violated if a statement of a public official concerning a person charged with a criminal offence reflected an opinion that he was guilty unless he had been proved so according to law. It sufficed, even in the absence of any formal finding, that there had been some reasoning to suggest that the official regards that person as guilty.

However, neither Art 6(2) nor any other provision of the Convention gave a person “charged with a criminal offence” a right to compensation for lawful detention on remand where proceedings taken against him had been discontinued. Further, the Convention would not guarantee a defendant who had been acquitted the right to reimbursement of his costs.