Brussels, 05/12/2014 (Agence Europe) - EU justice ministers reached a general approach on Thursday 4 December on the proposal for a directive on the presumption of innocence.
The proposal was brought forward in November 2013 by former commissioner Viviane Reding. It formed part of a group of measures seeking to enhance the rights of accused persons and their right to a fair trial. The directive on the presumption of innocence will guarantee that all citizens will be presumed to be innocent by setting down a number of principles, a press release says: the guilt of an accused or charged person may not be assumed from any decision or official statement before the final decision is pronounced; the burden of proof lies with the prosecution and any doubt as to the guilt of the accused or charged person will count in his/her favour; the right to remain silent will be guaranteed and may not be used against suspects as a proof of guilt; and finally the accused will have the right to be present at trial. The European Court of Human Rights (ECHR) has already ruled against a number of member states.
The text submitted by the Italian Presidency did not occasion any remarks from the member states, indicated Italian minister Andrea Orlando at a public debate. Commissioner Vera Jourova regretted, however, the very strict rules on self-incrimination had been watered down and that exceptions to the right to remain silent had been added. The text, nonetheless, is generally good, she said. Germany expressed the view that the text was good and represented progress. (SP)