How is the right to a fair trial in relation to the presumption of innocence, protected at the pre-trial stage?

Abstract

The Fundamental Human Rights are those rights which are inherent to all human beings and are interrelated to one another, independent and indivisible. States must assume the obligation to respect, protect and fulfil these fundament human rights so as to safeguard the interest of individuals and groups from any possible abuses.

In this term paper, the author seeks to examine principally, the right to a fair trial and its emanating feature of the presumption of innocence, from the pre-trial stage outlook. The presumption of innocence is considered to be one of the heftiest presumption in criminal law, where every person should be presumed innocent until otherwise proven in a court of law. The presumption of innocence generates considerable interest because there is no real clear definition and thus is open to various interpretations. In particular whether its implications commence prior to the trial itself. This paper shall pursue to strike a balance between the provisions laid down in the Maltese Constitution, alongside those laid down in the Criminal Code, which would simultaneously act as a safety net for the adherence of a fair trial.