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
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