Financial Crime World

Landmark Judgment by European Court of Human Rights: Upholding the Principle of Presumption of Innocence

A Significant Ruling in the Fight Against Corruption and Breach of Public Procurement Laws

A landmark judgment has been handed down by the European Court of Human Rights (ECHR) regarding a high-ranking government official’s alleged involvement in corruption and breach of public procurement laws.

The Facts of the Case

According to the court, the Chair of an ad hoc parliamentary commission of inquiry into the previous government’s expenditure made comments that were deemed to be “categorical assertions” about the guilt of a former minister, Ms Maslarova, who was facing criminal proceedings for embezzlement. These remarks breached Ms Maslarova’s right to be presumed innocent under Article 6 §2 of the European Convention on Human Rights.

The Judgment

The ECHR found that there had been no effective domestic remedy available to Ms Maslarova to challenge these comments, thereby violating her right to an effective remedy under Article 13 of the convention. As a result, Bulgaria was held liable for the violations and ordered to pay Ms Maslarova €5,000 in respect of non-pecuniary damage and €3,000 in costs and expenses.

The Significance of the Judgment

This judgment serves as a significant reminder of the importance of upholding the principle of presumption of innocence and ensuring that those facing criminal proceedings are treated fairly and with respect for their human rights. It is crucial that governments and institutions take concrete steps to prevent similar violations from occurring in the future.

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