CCPR/C/GC/32 Page 9 instance, be limited to a particular category of persons. Even in cases in which the public is excluded from the trial, the judgment, including the essential findings, evidence and legal reasoning must be made public, except where the interest of juvenile persons otherwise requires, or the proceedings concern matrimonial disputes or the guardianship of children. IV. PRESUMPTION OF INNOCENCE 30. According to article 14, paragraph 2 everyone charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to law. The presumption of innocence, which is fundamental to the protection of human rights, imposes on the prosecution the burden of proving the charge, guarantees that no guilt can be presumed until the charge has been proved beyond reasonable doubt, ensures that the accused has the benefit of doubt, and requires that persons accused of a criminal act must be treated in accordance with this principle. It is a duty for all public authorities to refrain from prejudging the outcome of a trial, e.g. by abstaining from making public statements affirming the guilt of the accused.56 Defendants should normally not be shackled or kept in cages during trials or otherwise presented to the court in a manner indicating that they may be dangerous criminals. The media should avoid news coverage undermining the presumption of innocence. Furthermore, the length of pre-trial detention should never be taken as an indication of guilt and its degree. 57 The denial of bail 58 or findings of liability in civil proceedings59 do not affect the presumption of innocence. V. RIGHTS OF PERSONS CHARGED WITH A CRIMINAL OFFENCE 31. The right of all persons charged with a criminal offence to be informed promptly and in detail in a language which they understand of the nature and cause of criminal charges brought against them, enshrined in paragraph 3 (a), is the first of the minimum guarantees in criminal proceedings of article 14. This guarantee applies to all cases of criminal charges, including those of persons not in detention, but not to criminal investigations preceding the laying of charges.60 Notice of the reasons for an arrest is separately guaranteed in article 9, paragraph 2 of the Covenant.61 The right to be informed of the charge “promptly” requires that information be given as soon as the person concerned is formally charged with a criminal offence under domestic law,62 or the individual is publicly named as such. The specific requirements of subparagraph 3 (a) may be met by stating the charge either orally - if later confirmed in writing - or in writing, provided that the information indicates both the law and the alleged general facts on which the charge is based. In the case of trials in absentia, article 14, paragraph 3 (a) requires that, notwithstanding the absence of the accused, all due steps have been taken to inform accused persons of the charges and to notify them of the proceedings.63 Communication No. 770/1997, Gridin v. Russian Federation, paras. 3.5 and 8.3. On the relationship between article 14, paragraph 2 and article 9 of the Covenant (pre-trial detention) see, e.g. concluding observations, Italy, CCPR/C/ITA/CO/5 (2006), para. 14 and Argentina, CCPR/CO/70/ARG (2000), para. 10. 58 Communication No. 788/1997, Cagas, Butin and Astillero v. Philippines, para. 7.3. 59 Communication No. 207/1986, Morael v. France, para. 9.5; No. 408/1990, W.J.H. v. The Netherlands, para. 6.2; No. 432/1990, W.B.E. v. The Netherlands, para. 6.6. 60 Communication No. 1056/2002, Khachatrian v. Armenia, para. 6.4. 61 Communication No. 253/1987, Kelly v. Jamaica, para. 5.8. 62 Communications No. 1128/2002, Márques de Morais v. Angola, para. 5.4 and 253/1987, Kelly v. Jamaica, para. 5.8. 63 Communication No. 16/1977, Mbenge v. Zaire, para. 14.1. 56 57

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