Home > 1.1.3 Submission of candidatures > REPUBLIC OF MOLDOVA - Joint Amicus Curiae Brief on the Ineligibility of Persons Connected to Political Parties Declared Unconstitutional
 
 
 
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Paragraph 40
 

In light of the above, although the principle of presumption of innocence enshrined in Article 6 § 2 ECHR does not in principle apply in procedures that decide on the ineligibility to be elected, the presumption of innocence is of relevance if the procedure deciding on the ineligibility to stand for elections on the basis of Article 16(2)(f)(1) occurs in parallel with criminal proceedings. The measure providing for the ineligibility to be elected would not per se be incompatible with the presumption of innocence, unless in substance, the disqualification decision would infer the determination of guilt of the candidate.