Detention hearing and review
The photograph and description of the tattoo as “macabre” by the police authority strongly implies guilt and give ground for pre-judgments which may violate the presumption of innocence.
Photo: National Police
Spanish police said on Sunday that they have arrested a German fugitive suspected of slitting his girlfriend’s throat and have safely recovered the couple’s 18-month-old toddler.
Police said the man recently got a “macabre” tattoo inked on his upper arm with the name of his deceased girlfriend, her birthday as well the suspected date of her murder – 27/10/2016 – beside a cross along with the words “Thank you for everything” in Spanish.
The National Police released a photograph of the suspect with the incriminating tattoo.
Personal data as the full name, age, nationality and address information (a small village near Madrid) are inappropriately disclosed upon the arrest of the accused man. The article contains two photos of the accused person that were not anonymised (the fact that he was wearing a facemask as a COVID-19 measure, does not justify the dissemination of photos showing his face). It is appropriate that the time of the arrest, the offences he was charged for, and names of the detective and judge were mentioned.
Photo: Alexander Wójcik (pictured) was brought before a sitting of District Court in Madrid on Thursday where evidence of arrest, charge and caution was heard
A man has been remanded in custody after he was charged with assaulting two people in north Madrid on Christmas Day.
Polish national, Alexander Wójcik, 54, with an address in Madrid, was brought before a sitting of District Court in Madrid on Thursday where evidence of arrest, charge and caution was heard arising out of the investigation into the alleged assaults on a woman in her 50s, and a man in his 20s, near Torrelaguna, on Christmas Day.
An interpreter was in court to hear Detective Pedro De León tell Judge Martina Hernández that he charged Mr Wójcik at 3.41am on January 6 with four separate charges: assault causing harm to a woman, assault causing harm to a younger man, both at Torrelaguna near Madrid, on December 25, 2020.
Photo: Mr Wójcik (centre) sat towards the back of the courtroom, wearing a facemask, and listening to the interpreter explain what was being said.
Photo: Paul Edward Gry (Wooster Police Department)
Wooster Police have arrested the boyfriend of Alyson Harber, 34, who was found dead with visible signs of assault inside a home in 13000 block of Burbank Rd, officials said.
Her long-time boyfriend, Paul Edward Gry, 34, was taken into custody at the scene.
“This entire incident is tragically regrettable,” Wooster police Commissioner John Dwayne said. “I am appreciative for the hard work of the men and women of this police department and the fact this dangerous individual is in custody and no longer posing a threat to the citizens of Wooster.”
This media publication serves as an example of violation of the presumption of innocence. The police authorities disclosed the full name, age, and a photo of the suspect at the time of the arrest. Identifiable information about the victim, including her full name, age and home address were also inappropriately reported to the media. The disclosure of the exact location of the crime scene posed a serious risk to the further investigation. Lastly, the public statement of the police commissioner does not express any doubts as to who the perpetrator of the murder was before the case was even brought to court.
Although the media is usually not allowed in the courtroom during detention hearings and reviews at the pre-trial stage, journalists can be present at the court premises or in front of the building. In cases of public interest, you may wish to obtain more information about the accused person, especially if the court have decided to put them in custody. At this point, the accused person or the suspect should remain anonymous, meaning that no photos or videos revealing their identity should be published or broadcasted. The disclosure of other facts that can disclose the identity of the person, alone or combined together (name, age, ethnicity, gender, place of residence, occupation, etc.), should also be avoided.
The disclosed information regarding the age of the suspects, as well as their area of residence and their criminal record, may be sufficient for the identification of the suspects. The information about their criminal record furthermore strengthens the impression of guilt.
Man, 24 years old, from Gottsunda. Charged with aggravated rape.
Sentenced in April 2017 to eight months in prison for drug offenses. Continued to commit crimes and was sentenced again in May to another four months in prison. In 2013, he was sentenced to one year in prison for, among other things, the smuggling of drugs. 2012 for kidnapping. In 2009, at the age of 16, he was sentenced to youth service for sexual exploitation of children. Occurs on a total of 13 times in the criminal record, mainly for drug offences.
Male 19 years old, from Farsta. Charged with aggravated rape.
Was 17 years old at the time of the crime. According to a statement from the social services, it has not been possible to break his criminal behaviour and drug abuse, despite extensive efforts. During his teens, the man was taken into care and placed in several different treatment homes and family homes. Occurs a total of five times in the criminal record, all for minor drug offenses. Last convicted in May 2017.
Man 29 years, from Årsta. Charged with aiding and abetting aggravated rape.
Last sentenced in July 2017 to three years and six months in prison for a serious drug offense. During a search of his home in Årsta, the police found 200 grams of cocaine. The verdict has been appealed.
The article provides a description of how the two detainees, a man and a woman, live in custody. It includes two anonymised pictures: one showing the woman is led out of the courtroom with her face covered by a veil, and the other showing the man sitting in the courtroom. In both pictures the suspects are escorted by prison guards.
The photographs taken in the court room showing the suspects escorted by guards implicate their guilt. This perception is further strengthened by the series of pictures taken from the crime scene added to the same article.
The headline and information in the article may contribute to hatred and the spread of discrimination in the society towards the ethnic group in question. In this case, the ethnicity of the suspect is irrelevant in relation to the committed crime and should subsequently have been kept non-disclosed.
On the night of November 17-18, in a hostel for asylum seekers in Chasse-sur-Rhône, Isère, a man allegedly attempted to rape a 4-year-old girl.
The killer of the 7-year-old girl from Voden remanded in custody
The court has approved the request of the Jambol District Prosecutor’s Office for the imposition of detention against T.M., accused for the crimes he committed – causing the death of a minor child in a particularly painful manner and attempted rape.
On 5 May 2006, the 15-year-old T.M. killed his 7-year-old cousin and attempted to rape her in a house located in the village Voden, Jambol district.
The Trial Chamber held that at this stage of the pre-trial proceedings there was a reasonable assumption that the accused committed the crimes and there was a real risk that the accused would abscond or commit another crime.
The information about the suspect’s initials and age is identifiable data and its publication is inadmissible as it can lead to the identification of the accused child, especially taken together with the information about the village and the suspect’s family connection to the victim. Given that the village is small (around 340 inhabitants), it is highly probable that the community can easily recognise the arrested child. The article is notably conveying the perception of guilt. It includes a picture of the detainee, although anonymised (the person’s face is blurred) shows the accused child in handcuffs and surrounded by police officers. Phrases like “accused for the crimes he committed”, and “the 15-year-old T.M. killed” are violating the presumption of innocence, because the article is published at the pre-trial stage when only a detention decision, not a conviction, has been issued by the court.