Presumption of innocence: the report of the European Fundamental Rights Agency
06-04-2021
The European Union Agency for Fundamental Rights (FRA) has published an interesting report on the ways in which the presumption of innocence and related rights are applied within the European Union.
The report shows that the presumption of innocence in Italy is strongly influenced by the media, but also by prejudices and by the presence of cages in the courtrooms.
The report also stigmatises the excessiveness of "leaks" in addition to the use of unofficial sources that very frequently contribute to distorting the truth of the facts and the principle of presumption of innocence.
According to the report, there is a "disproportionate attention" that is paid by the media to the investigation phase and the initial phase of the proceedings, when prosecutors "need to demonstrate the soundness of the accusation and to support the involvement of the accused in the case".
Above all, the attention that the media pays to the development and conclusion of the procedure is completely scarce; the report states that "The defendants, often presented as guilty by the media during the investigation phase, do not have the opportunity to clean up their reputation if damaged since no attention is paid to the outcome of the proceedings".
As regards the investigation phase, lawyers in several Member States have expressed the belief that the police focus much more on gathering evidence against charges than on exculpatory evidence.
A similar attitude is also attributed by Italian lawyers to prosecutors.
"The preliminary investigations undermine the principle of the presumption of innocence, because prosecutors should seek evidence against the accused but also for his defense.
This is something that - in 16 years of professional experience - I have seen very rarely »according to an Italian lawyer.
As for the effects of media coverage on the presumption of innocence, many lawyers in the Member States have highlighted the importance of freedom of the press and the unique role of the media as a "watchdog" of power, including the judiciary, despite having to confirm that, often, media coverage ends up affecting the overall fairness of the proceedings.
Although this allows to increase the transparency of the trials, there is no doubt that the media can exert "pressure" on the courts, as reported by a Portuguese prosecutor, according to whom the newspapers "influence public opinion without having complete knowledge of criminal cases" .
A similar phenomenon is also very frequent in Italy: "Once the suspect has been identified, the presumption of innocence is somehow already violated. Even if the allegations are later refuted, it is difficult to correct in the media, "a reporter testified.
The main problem concerns the defendants in pre-trial detention who are accompanied to the courtroom by prison officers and checked during the hearing: some courts provide separate paths, in order to avoid contact with the public and the media.