Chapter 6 • The Right to a Fair Trial: Part I – From Investigation to Trial Adverse public comments by authorities: In the case of Gridin, the authorities failed to exercise the restraint that article 14(2) of the International Covenant requires in order to preserve the accused person’s presumption of innocence. The author had inter alia alleged that high-ranking law enforcement officials had made public statements portraying him as guilty of rapes and murders and that these statements had been given wide media coverage. The Committee noted that the Supreme Court had “referred to this issue, but failed to specifically deal with it when it heard the author’s appeal”.9 Consequently, there was a violation of article 14(2) in this case. Anonymous judges: The right to be presumed innocent guaranteed in article 14(2) of the Covenant was also violated in the case of Polay Campos, where the victim was tried by a special tribunal of “faceless judges” who were anonymous and did not constitute an independent and impartial court.10 Change of venue: The right to be presumed innocent as guaranteed by article 14(2) of the International Covenant was not violated in a case where the author had complained that the trial judge’s refusal to change its venue deprived him of his right to a fair trial and his right to be presumed innocent. The Committee noted that his request had been “examined in detail by the judge at the start of the trial” and that the judge had pointed out “that the author’s fears related to expressions of hostility towards him which well preceded the trial, and that the author was the only one, out of five co-accused, to have requested a change in venue”.11 She then listened to the parties’ submissions, “satisfied herself that the jurors had been selected properly”, and thereafter “exercised her discretion and allowed the trial to proceed” without changing the venue.12 In these circumstances the Committee did not consider that the decision not to change the venue violated the author’s right to a fair trial or the right to presumption of innocence. It held, in particular, that “an element of discretion is necessary in decisions such as the judge’s on the venue issue, and barring any evidence of arbitrariness or manifest inequity of the decision”, it was “not in a position to substitute its findings for those of the trial judge”.13 ***** “The right to be presumed innocent until proved guilty by a competent court or tribunal” under article 7(1)(b) of the African Charter on Human and Peoples’ Rights was violated in a case where leading representatives of the Nigerian Government had pronounced the accused persons guilty of crimes during various press conferences as well as before the United Nations. The accused were subsequently all convicted and 9 Communication No. 770/1997, Gridin v. Russian Federation (Views adopted on 20 July 2000), UN doc. GAOR, A/55/40 (vol. II), p. 176, para. 8.3. 10 Communication No. 577/1994, R. Espinosa de Polay v. Peru (Views adopted on 6 November 1997), UN doc. GAOR, A/53/40 (vol. II), p. 43, para. 8.8. 11 Communication No. 591/1994, I. Chung v. Jamaica (Views adopted on 9 April 1998), UN doc. GAOR, A/53/40 (vol. II), p. 61, para. 8.3. 12 Ibid., loc. cit. 13 Ibid. 220 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers