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CASE OF SHUVALOV v. ESTONIAP ARTLY DISSENTING OPINION OF JUDGE S VAJIĆ AND SICILIANOS

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Document date: May 29, 2012

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CASE OF SHUVALOV v. ESTONIAP ARTLY DISSENTING OPINION OF JUDGE S VAJIĆ AND SICILIANOS

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Document date: May 29, 2012

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P ARTLY DISSENTING OPINION OF JUDGE S VAJIĆ AND SICILIANOS

With all due respect for the opinion of the majority, and while accepting most of the reasoning of the above judgment, we are unable to subscribe to the conclusion that there has been no violation of the presumption of innocence (Article 6 § 2 of the Convention) in the present case. In our view, the press release titled “The judge ’ s criminal case has arrived at the court”, published on the Internet site of the Public Prosecutor ’ s Office on 6 October 2006 (see paragraph 30), contains expressions which are problematic under Article 6 § 2. In view of the case-law of the Court and in particular its judgment in the Konstas v. Greece case (no. 53466/07, §§ 32 and 33, 24 May 2011), formulations by State authorities leaving no doubt that the applicant has committed the offences he is accused of are incompatible with the presumption of innocence guaranteed under the above provision. Therefore, we consider that there has been a violation of Article 6 § 2 of the Convention in the present case.

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