Fight against crime is the most important commitment of the state. It is aimed to ensure human rights and freedoms from criminal encroachment. The effectiveness of this fight also contributes to the preservation of law and order, the restoration of social justice, and the strengthening of the rule of law in the country
At the same time, the activities of law enforcement bodies aimed at achieving these goals must be carried out with strict adherence to the principles of independence, impartiality, and objectivity, and communicated to the public in such a manner that their actions are perceived precisely in that context.
As a result of the monitoring of social media and mass media by the Human Rights Defender's staff, trends have been recorded in a number of recently high-profile criminal proceedings, in which, in the absence of a legally binding judicial act, public perceptions of the guilt of individuals are formed as an established fact, which directly contradict the principle of the presumption of innocence
Moreover, it is especially dangerous that public communication in such a format is conducted by law enforcement agencies and their representatives, who have the duty not only to substantiate the guilt of individuals, but also to conduct an independent, objective, and impartial investigation into the case. Moreover, in order to form proper public perceptions about the impartiality of the investigation of the case, law enforcement agencies must also conduct adequate public communication.
In this context, the Human Rights Defender considers the obvious tendency of non-observance of the principle of the presumption of innocence to be worrying, which may undermine the entire process of justice. The Defender emphasizes that this principle must be consistently observed during any criminal proceedings, regardless of the criminal act in question, the person’s behavior, etc.
The Human Rights Defender also addressed in detail the issues and international standards related to the preservation of the presumption of innocence and the need to provide the public with information about the alleged perpetrator of a crime or criminal proceedings in her annual report, highlighting that the phrasings regarding the apparent crime that was committed, and the guilt of a person should not form a prejudiced perception from the perspective of presenting the commission of the act by a person as an established fact, in the absence of a judicial act that has entered into legal force.
The issue of guaranteeing the principle of the presumption of innocence continues to remain in the Human Rights Defender's direct attention. The Defender will be consistent in ensuring that the competent authorities comply with the relevant standards.
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