Of the "presumed innocent" on the "presumed guilty

Of the "presumed innocent" on the "presumed guilty"

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October 08, 2009ByClub Droits Justice ...Club rights Justice...

Edition: Club Droits, Justice & SécuritésClub rights, Justice & Security



Use
incorrect and abusive of some legal terms eventually make already
individuals who are still innocent convicted. It is not without
influence on their final fate.



-
The Declaration of the rights of man and the citizen of 26 August 1789, which
part of our Constitution, declares in article 9: Every man is presumed to be innocent
until it has been found guilty, if it is deemed necessary
stop full rigour which would be unnecessary to ensure
the person must be severely repressed by the law ».

-The European Convention for the protection of fundamental freedoms and human rights set out in article 6(2): "any person charged with an offence is presumed innocent until his guilt has been legally established.



-
The Charter of fundamental rights of the European Union provides in
its title VI "Justice" an article on the "presumption of innocence and".
"rights of the defence": "every accused person is presumed innocent until his guilt has been legally established.

-
May 15, 2000 Act "on strengthening the protection of the".
"presumption of innocence and victims rights" proposed and voted
on the left to the report of the MP Christine Lazerges, today
Vice-President of the Club "rights, justice & security, has added two"
essential items: a preliminary article to the Code of procedure
criminal which has III: Any person suspected or prosecuted is presumed innocent as
that guilt has not been established. The presumption against
of innocence are prevented, repaired and repressed under the conditions
under the Act ", and article 9-1 to the civil Code which States: Everyone is entitled to respect for the presumption of innocence.
When a person is, before any award presented
publicly as guilty of investigated facts or
a judicial trial, the judge may, even for interim relief, without
repair of the damage, harm prescribe all measures
such as the insertion of a correction or diffusion of a
press release for the purpose to stop the infringement of the presumption
of innocence and at the expense of the person, physical or moral,
This impairment charge ».



More than ever this law, and international principles are topical, while they are constantly violated.

Yet,
is France a heavy passed on this plan since one Minister of
Inside once too pressed to affirm a conviction has led the
severe condemnation of the France for violation of the presumption
of innocence by the European Court of human rights: ECHR 10 février1995 (Allenet de Ribemont v. / Francen 15175/89) which it should be recalled three always current recitals:

« 39.
With the applicant, the Commission considers incompatible with the
presumption of innocence the comments made by the Minister of the Interior
and, in his presence, and under its authority, by the Commissioner in charge of
the investigation and the Director of the judicial police. It notes in effect
that they presented Mr. Allenet de Ribemont as one of the instigators
the assassination of Mr. de Broglie.

40.
According to the Government, such comments are information on the
current criminal cases and are not likely to infringe
the presumption of innocence because they do not bind judges and may
contradicted by further investigation. The facts of the case
would illustrate this argument, the applicant not having been charged only fifteen
days after the press conference and having finally received a
nonsuit.

41.
The Court finds that in this case, some of the highest officials
French police name M. Minelli Ribemont, without qualification
nor reserve as one of the instigators and therefore an accessory, a
assassination (paragraphe11 above). This is clearly a
conviction which on the one hand, urged the public to believe
in it, and the other prejudge the assessment of the facts by
competent judges. Hence, there was violation of article 6 by. 2 ».



En
France, only the innocence is presumed and never guilt. It
must prove contrary to the ambient speech could
suggest. When
public authorities, including those who have supported directly or
indirectly the Justice are mistaken words about the
presumption of innocence, it y subversion vocabulary which causes
an inversion of the principles. This subversion are calculated or
result of confusion, it exists and spreads slowly and
inexorably in institutions, the media and the general public and
distorts the public spirit making already guilty is still
innocent.

We can help to draw attention to the importance of the plain language law service.Some bad examples among hundreds of others:

-Le Parisien of November 12, 2008, to "ultragauche shifting commando" (which is today known little judicial suites): "those responsible of the sabotage of several lines TGV Saturday, action which resulted in 160 delayed trains were arrested yesterday...";

-Evening 3 February 28, 2009, on the arrest of suspects for the murder of a trade unionist in Guadeloupe: "suspected murderers."

-Reuters March 1, 2009: "trial of murderers of Rafik Hariri has begun."

-Le Journal du Dimanche March 1, 2009: Everything
"played this week" and "the retrial of Yvan Colonna is a."
turning point. Tomorrow, as soon as the resumption of debates, the murderer of the prefect of Corsica Claude Erignac lawyers must shoot new maps » ;

-Le Parisien on July 17, 2009, "operation préfourrière Pouchet commando": "four last alleged, accomplices Finally, were arrested for one day."

-Le Canard Enchaîné (yet generally stringent terms) of September 23, 2009: "the great escape is:" the judge of freedoms was forced to lower Pavilion and release the presumed dealer. " "The Prosecutor's Office believes that it never revisited."

-France Inter September 24, 2009 journal of 8: 00 a.m. on the first days of the trial "clearsteam": "the confrontation of the alleged counterfeiters."

-Le Parisien of September 24, 2009; "To an investigation into a flap setting of jewellery committed Chamont, investigators learned that one of two suspected thieves was placed under electronic surveillance."

-The September 24, 2009: "Suspect: J - P.". "Treiber, double alleged assassin."

-La Croix on September 25, 2009: The
Head of State, guarantor of the independence of the judiciary, had already been
at the centre of a controversy of the same type by calling for ""."" killer ' prefect Erignac, Yvan Colonna, alleged killer before his trial s ";

-Le Figaro on September 28, 2009: "a scientist indicted for murder of his wife:... the alleged murderer is a renowned scientist...";

-Associated Press September 30, 2009: "the state judge not to be at fault for an alleged rapist who killed his wife." It was only indicted for acts of rape;

-France Inter 2 31st: "the joggeuse's suspected murderer was released on parole...";

-France 3 of October 4, 2009 at the 'clearstream' trial: "Gergorin presumed Raven."

-WorldJanuary 24, 2009: "The Paris Prosecutor warrant Julien Dray survey": "en we suspicion." "I took the party to verify if we could pass the suspicion to the presumption" he said while holding "unacceptable in a State of law" leaks in the press on this matter "...

And anyone can add to this list of bad examples.

And
What about when such confusion of language is brought by a
professionals of justice, or even by the President of the Republic which
passes it squarely in the "presumed innocent" on the "presumed guilty."
then in the "guilty" tout court?



Save the presumption of innocence which could become a leader of work at risk.

Demand
the use of the words "continued", "acknowledgement", "suspected", "put in".
"review", "questioned" and reject high as "guilty".
"presumed". So how are treated those
pursued, and even their final sentence and therefore values of our
democracy would more a si to "presumed innocent" us
all become "presumed guilty."