The principles corresponding to the principle of public proceedings in international documents and the human rights system

Document Type : Original Article

Authors

1 PhD student in criminal law and criminology, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.

2 Assistant Professor, Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.

3 Assistant Professor of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran

Abstract

The principle of publicness of proceedings is a composite concept that can be divided into different elements. For this reason, to understand and explain the true and precise concept of the said principle, all those elements and requirements should be taken into consideration. In fact, the main concern of this research is the answer to the question, what are the corresponding and complementary principles of the principle of public criminal trials? This research was done with descriptive-analytical method and with available library and internet resources. The findings of the research emphasize the hypothesis that principles such as the principle of innocence, legality, etc. correspond to the principle of openness in the direction of a fair trial. If one of the important requirements of public proceedings is the publication of judgments, which is emphasized in the International Covenant on Civil and Political Rights and the European Convention on Human Rights. Iran's law regarding the publication of court decisions, contrary to human rights documents, mentions cases as exceptions. has done, which is in conflict with Iran's human rights obligations, especially Article 14 of the International Covenant on Civil and Political Rights.

Keywords

Political Sociology of Iran
Volume 3, Issue 4 - Serial Number 12
February 2021
Pages 2895-2910

Files

Share

How to cite

Statistics