Paylaş | 20 November 2020

President Mr. Zühtü Arslan attended the opening ceremony of the 10th International Crime and Punishment Film Festival Academic Program themed “I am Innocent” via video conference. 

In his speech, President Arslan pointed to the significance of the protection of the presumption of innocence. He noted that after a long struggle, the presumption of innocence was first worded in the universal and regional human rights instruments.

Referring to Article 38 of the Turkish Constitution providing for “No one shall be considered guilty until proven so by a court decision” and stating that the constitution-maker acknowledged the presumption of innocence as an absolute principle that could not be subject to limitation even in a state of emergency, President Arslan emphasised that also according to Article 15 of the Constitution, no one could be considered guilty until proven so by a court decision even in times of war, mobilization and a state of emergency.

He indicated that the Constitutional Court had already delivered significant judgments on the interpretation and implementation of the principle of the presumption of innocence within the scope of both constitutionality review and individual application and pointed out therein the significance of the guarantees inherent in this fundamental right. He accordingly made reference to certain judgments rendered by the Court.

Noting that the effective protection of the principle of the presumption of innocence and other fundamental rights did not depend solely on rules, institutions and individuals, President Arslan also stated “Culture is another factor. The protection of fundamental rights depends on development and establishment of a culture that accepts the ontological existence of the ‘other’”.

“We should say ‘You are innocent’ as well as ‘I am innocent’”

He further emphasised that a striking title was chosen for the academic program of the festival, which was “I am innocent”; however, we should have an understanding to say "You are innocent" as well as "I am innocent”.

Indicating that effective protection of the presumption of innocence required a social and political climate where law and justice were prevailing and the respect for the "other" had developed as a culture, President Arslan noted “Indeed, abandoning law and justice not only corrupts the social and political order, but also causes human to lose his humanity”.

Click for the full text of the speech delivered by President Zühtü Arslan.