IP/06/552
Brussels, 28 April 2006
The Commission launches a consultation on the presumption of innocence The presumption of innocence is a fundamental right. It is laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. But do we all have the same understanding of the meaning of the principle of “the presumption of innocence”? With the aim of understanding more clearly the interpretation of this principle in the Member States and any rights stemming from it, the Commission is launching a Green Paper as part of a consultation exercise on this topic.
"The presumption of innocence" according to Commission Vice-President Franco Frattini, responsible for Freedom, Security and Justice, "is a fundamental European value. Protecting rights is an important part of the EU's role, so as to build a true area of freedom, security and justice."
The Green Paper sets out the background to this topic as seen by the Commission as well as an initial hypothesis of what could make up the basis core elements of "presumption of innocence" understanding throughout the EU and rights stemming from the presumption.
On the basis of the ECHR and the case law of the European Court of Human Rights, the Commission has identified some rights that form part of the presumption of innocence such as the right to silence, the right against self-incrimination and the fact that the burden of proof should ordinarily rest with the prosecution. These rights are explored in the Green Paper and interested parties are invited to comment and to make further suggestions.
If consultation suggests that there is a need, the Commission will then consider what common rights could derive from the presumption of innocence with a view to including them in the proposal for a Framework Decision on evidence based safeguards announced in the Hague Programme.
