CCPR/C/130/D/2526/2015
7.2). This fact should suffice for finding a violation of the presumption of innocence under
article 14 (2). Regrettably, the Committee reverses the burden of proof, by expecting the
author to provide information indicating how the resolution – a political document – could
have affected the criminal proceedings in his case (para. 7.2). This approach goes against the
sense of article 14 (2) of the Covenant and general comment No. 32 (2007): contrary to what
the general comment requires, a public statement has been issued which prima facie
prejudges the presumption of innocence of an accused, therefore it is for the State party to
show that such conduct by its organs or officials has not negatively affected the presumption
of innocence and the criminal proceedings.
6.
Hence, the adoption of the said resolution by Parliament, which clearly suggested the
guilt of the author before a competent court had had the chance to assess the evidence and
conclude that this was the case, constitutes a violation of his right to be presumed innocent
under article 14 (2).
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