Chapter 6 • The Right to a Fair Trial: Part I – From Investigation to Trial The right to be presumed innocent until proved guilty conditions both the stage of criminal investigations and the trial proceedings; it is for the prosecuting authorities to prove beyond reasonable doubt that an accused person is guilty of the offence. Adverse public statements by officials may compromise the presumption of innocence. 6. Human Rights during Criminal Investigations Even in the course of a criminal investigation, the persons affected thereby continue to enjoy their fundamental rights and freedoms, albeit with some limitations inherent in the deprivation of liberty for those affected by the measure. While some rights, such as the right to freedom from torture, are, as will be seen below, valid for everyone at all times, the right to respect for one’s private and family life may, however, increasingly be jeopardized, for instance through sophisticated means of wire tapping. Some examples from the international jurisprudence will illustrate this problem. It should again be recalled that this section will not provide an exhaustive account of the rights guaranteed during criminal investigations, but will focus only on some of the basic rights which must be protected at this important stage. 6.1 The right to respect for one’s private life, home and correspondence The right to respect for one’s privacy, family, home and correspondence is guaranteed, albeit in different terms, by article 17 of the International Covenant on Civil and Political Rights, article 11 of the American Convention on Human Rights and article 8 of the European Convention on Human Rights. Limitations on its exercise may however be imposed in certain circumstances. Article 17(1) of the International Covenant thus provides that “no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation”; while article 11 of the American Convention is similarly worded, opening, however, with the words: “no one may be the object of arbitrary and abusive interference with ...”. According to article 8 of the European Convention, “there shall be no interference by a public authority with the exercise of” the right to respect for one’s private and family life, home or correspondence “... except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others”. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 223