138. There are, however, exceptions to this: a. It does not apply where the case relates to the domestic jurisdiction of two states;756 b. If the individual has been tried in absentia, in violation of the requirements of due process, then he can be tried again in his presence.757 c. Where a higher court quashes a convention or orders a retrial.758 d. Other exceptional circumstances such as discovery of previously unknown evidence.759 R. A public, reasoned and timely judgment 139. Judgments must be made public in accordance with the right to fair trial.760 This will be the case even if the public were not present during the trial.761 There are a range of ways in which the judgment can be made public such as in open court, through registries or websites. 140. This is not an absolute requirement and can be limited, according to the ICCPR, ‘if the interest of juvenile persons otherwise requires, or the proceedings concern matrimonial disputes or the guardianship of children’.762 141. Adequate reasons must be given for judgments, but this does not require a detailed answer to every argument but simply ‘essential findings, evidence and legal reasoning’.763 142. A judgment should be given within a reasonable time, namely taking into account the time from when the person was arrested or charged (in the case of criminal proceedings) or proceedings were started (for civil matters), until judgment is given including appeals. So a delay of 8 months from the end of the hearing to judgment was held to violate the ICCPR.764 S. A right to appeal 143. Those convicted of criminal offences have a right of appeal to a higher court or tribunal according to some instruments but not others.765 The Human 756 Communication 692/1996, A. R. J. v Australia, UN Doc CCPR/C/60/D/692/1996 (1997). Communication 699/1996,Maleki v Italy, 27 July 1999. 758 Communication 277/1988, Terán v Ecuador, 26 March 1992. 759 Human Rights Committee General Comment No.32, CCPR/C/GC/32 (2007), para 56. 760 Article 14(1) ICCPR. 761 Human Rights Committee General Comment No.32, CCPR/C/GC/32 (2007), para 29. 762 Article 14(1). 763 General Comment No.32, CCPR/C/GC/32 (2007), para 29. 764 Communication 1246/2004, Gonzalez v Republic of Guyana, 25 March 2010. 765 Article 14(5) ICCPR, Article 16(7) Arab Charter. 757 125