The presumption of innocence is a fundamental right of a human being. It is laid down in the  European Convention for the Protection of Human Rights and Fundamental Freedoms as well as in the Charter of Fundamental Freedoms of the European Union. But is the principle of the presumption of innocence interpreted in the same way? It is exactly to determine the fact how the principle is interpreted in EU member-states that Eurocommission initiates the consultations on the issue.         

The presumption of innocence, according to Commission Vice-President Franco Frattini, who is responsible for Freedom, Security and Justice, is a fundamental European value. Human rights protection is an important part of a role which belongs to the EU, especially in the spheres of freedom, security and justice.

Consultations which European commission has launched will be the opening point of a discussion on the issue, as well as will provide a common view of the presumption of innocence and the rights which the presumption engenders within EU.

Grounding on the European Convention on Protecting Human Rights and case law of the European Court of Justice the Commission outlined a number of rights comprising the presumption of innocence. Among them, for instance, are the right to keep silence, the right not to testify against oneself and also the fact that the burden of testation is born by the prosecution.

These rights and obligations will be considered all through the consultations and the parties concerned have the possibility to comment on them or step up with any motions.