presumption of innocence has been reportedly violated in cases of security charges against civil, political and ethnic rights activists.38 39 40 41 5. The right to a public hearing The right to open hearings is protected under Article 165 of the Constitution of the Islamic Republic of Iran.42 However this guarantee is limited if, notably, “the court determines that an open trial would be detrimental to public morality or discipline”. The revised Criminal Code of Procedure also guarantees the right to public hearings with limitations including or crimes against morality and decency or when a public hearing would disturb “public safety” or “religious or ethnic sentiment”.43 However, such vague and broadly defined circumstances leave the judges with great discretion as to decide whether to hold trials in camera. It is not possible to accurately ascertain the number of hearings open to the general public, as this information has not been made public by Iranian authorities. However, cases related to civil and political issues have reportedly been held behind closed doors, with no open access to the case details and to the hearings by outside personnel.44 6. The right to appeal a ruling Iranian law provides for the right to appeal a ruling for those convicted of criminal offences, but only for offences of a certain severity. The 2015 Code of Criminal Procedure (CCP) provides that judgements can be appealed within 20 days by parties within a country, and within two months by those outside the country.45 Per Article 433, court verdicts can be appealed by defendants and plaintiffs, their lawyers, or legal representatives; and by the Prosecutor’s Office in cases of acquittal or where matters of legality or proportionality of sentencing are at stake.46 However, certain judicial decisions are automatically considered final and unable to be appealed, such as eighth degree ta’zir verdicts47 and payments of diya (blood money) amounting to less than a tenth of full diya (Article 427 of the CCP).48 38 HRANA, https://www.amnesty.org/en/latest/news/2018/06/iran-sufi-bus-driver-executed/ HRANA, https://www.en-hrana.org/statements/amnesty-iran-tv-confessions-breach-suspects-rights 40 HRANA, https://www.en-hrana.org/2-civil-activists-cases-sent-back-primarily-court 41 HRANA, https://www.en-hrana.org/statements/human-rights-watch-halt-execution-child-offender 42 Constitution of the Islamic Republic of Iran < http://www.iranchamber.com/government/laws/constitution_ch11.php> 43 Article 352, Code of Criminal Procedure (2015) as referenced by Amnesty International < https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF> 44 HRANA <https://www.en-hrana.org/ahmad-montazeris-court-session-held-behind-closed-doors> 45 Joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf 46 Joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf 47 I.e. incarceration up to three months, fines of up to 10 million rials and floggings up to ten lashes. 48 Joint submission to the Human Rights Committee from the Abdorrahman Boroumand Center, Iran Human Rights Documentation Center, Impact Iran, Human Rights Activists in Iran, 2020, https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_ICS_IRN_42313_E.pdf 39 5