Note.

XV. Conference of senior officials (8-17 June 1950).

(5 and 6 August 1949)

The European Convention on Human Rights is undoubtedly the most concrete expression by the Member States of the Council of Europe of their profound belief in the values of democracy, peace & justice and, through them, respect for the rights & fundamental freedoms of persons living in our society. Although this instrument is over forty years old, it has evolved & continues to do so, not only through the case law of the European Commission & Court of Human Rights, but also through the addition of Protocols strengthening the rights & improving the protection mechanism. This revised edition of the 1987 Collected Texts gives lawyers & any other interested persons clear & up-to-date information on all these instruments & on the texts relating to the working of the bodies set up by the Convention. The basic instruments & texts contained in the 1994 Collected Texts (English & French) provide a vital tool for all those working for human rights in Europe.

Note.

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

(5 and 6 August 1949)