Presumption of innocence

Madagascar

Madagascar - Constitution 2010 EN

''TITLE II: OF THE FREEDOMS, THE RIGHTS AND THE DUTIES OF THE CITIZENS
SUB-TITLE I: OF THE CIVIL AND POLITICAL RIGHTS AND DUTIES, Article 13''

The State guarantees the plenitude and the inviolability of the rights to defense before all the jurisdictions and at all the stages of the procedure, including that of the preliminary investigation, and at the level of the judicial police or of prosecution.

All moral pressure and/or all physical brutality to apprehend a person or to keep them in detention is prohibited.

All defendants or accused have the right to the presumption of innocence until their guilt has been established by a decision of justice becoming definitive.

Preventive detention is an exception.

Rome Statute

Article 66 Presumption of innocence

1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

2. The onus is on the Prosecutor to prove the guilt of the accused.

3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.