87
155. Consequently, This Court cannot hear this allegation of bias, because it was
not raised at the appropriate time in the domestic jurisdiction.
156. In view of the above, this Court considers that it has not been proved that the
State violated Article 8(1) of the Convention to the detriment of the alleged victim in
relation to the trial against her in the ordinary jurisdiction.
*
*
*
Presumption of innocence
157.
Article 8(2) of the Convention stipulates that:
Every person accused of a criminal offense has the right to be presumed innocent so
long as his guilt has not been proven according to law. […]
a)
Criminal proceeding in the military jurisdiction
158. During the military proceeding, DINCOTE exhibited Lori Berenson before the
media as the perpetrator of the crime of treason, when she had not been duly
prosecuted and convicted (supra para. 88(28)).
159.
The European Court has stated that:
[the right to] the presumption of innocence may be infringed not only by a judge or
court but also by other public authorities.
[…]
Article 6 paragraph 2 (of the European Convention) cannot therefore prevent the
authorities from informing the public about criminal investigations in progress, but it
requires that they do so with all the discretion and circumspection necessary if the
presumption of innocence is to be respected.250
160. The right to presumption of innocence, as it is understood from Article 8(2) of
the Convention, requires that the State should not convict an individual informally or
emit an opinion in public that contributes to forming public opinion, while the
criminal responsibility of that individual has not been proved.251
161. Consequently, the Court considers that the State violated Article 8(2) of the
American Convention, in relation to Article 1(1) thereof, to the detriment of Lori
Berenson, in the criminal proceeding in the military jurisdiction.
b)
Criminal proceeding in the ordinary jurisdiction
162. The alleged victim’s representatives stated that, during the processing of the
civil trial, the right to presumption of innocence had not been respected (supra
paras. 130(2)(d).
250
Cf. Eur. Court H.R., case Allenet de Ribemont v France, judgment of 10 February 1995, Series A
no. 308, paras. 36 and 38.
251
Cf. Case of Tibi, supra note 3, para. 182; Case of Ricardo Canese, supra note 3, para. 153; and
Case of Cantoral Benavides, supra note 25, para. 120.
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