THE PRESUMPTION OF INNOCENCE

CASES VERSUS MACEDONIA IN FRONT OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

One of the basic principles that falls under the right to a fair trial of the European Convention for the
Protection of Human Rights and Fundamental Freedoms (the Convention), is the presumption of
innocence. Namely, the Article 6 Paragraph 2 prescribes that everyone charged with a criminal offence
shall be presumed innocent until proved guilty according to law. It requires, inter alia, that when
carrying out their duties, the members of a court should not start with the preconceived idea that the
accused has committed the offence charged; the burden of proof is on the prosecution, and any doubt
should benefit the accused. Having in mind the case law of the European Court of Human Rights
(ECtHR), the Paper shall pay attention to two Macedonian cases, i.e. Case of Poletan and Azirovik v.
Macedonia and Case of Ramkovski v. Macedonia. It is interesting to note that in both cases, ECTHR
found that there had been no violation of Article 6 Paragraph 2 of the Convention. Further, the Paper
shall pay attention to other ECTHR’s judgements, as well as to the Macedonian relevant documents.