20. I n its views, NIHR indicated that granting the accused the right to appeal from the decision sentencing him to provisional imprisonment is in line with the rights of the accused adopted by the international human rights instruments in this regard. However, to achieve effective appeal, it should be a hierarchal appeal starting from the president of the entity that issued the decision and ending with another judicial body in order to ensure prompt consideration of the appeal by the competent authority by granting the accused the right to apply for his release to the competent public prosecution. If his application is rejected, he may appeal the decision to the public prosecution within 48 hours from the date of the application. The lapse of the aforesaid period without deciding on the appeal is considered as rejection of the appeal. In this case, the appeal will be automatically referred to the competent court, which shall decide on the appeal within three days. 21. A  ccordingly, NIHR believes that it agrees in principle with the provision set out in the draft law that states that the accused may appeal from the provisional imprisonment decision issued against him. However, in order to achieve effective appeal, it should be a hierarchal appeal starting from the president of the entity that issued the decision up to the competent court, according to the above mentioned grounds. 22. C  lause 1 of Article 294 provides that: “An appeal shall be filed by submitting a report to the Clerks Department of the court that handed down the judgment or before the prison officer within 30 days from the date of pronouncing the judgment in presence or the judgment given in respect of an objection, from the expiry date of the time limit prescribed for contesting a judgment in absentia, or from the date of the judgment considering it null and void”. 23. N  IHR agrees with the stated amendment. It believes that extending the time limit for appeal as to the person against whom the decision is issued from 15 days, as stated in the original Law, to thirty days, is in line with Article 295 of the said Law, which grants the public prosecution thirty days for appeal as of the date of the decision issuance. In addition, extending the time limit of appeal grants the person against whom the decision is issued an enough period to prepare his procedural and substantive defense. Clause 5 of Article 14 provides that: “Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law”. 24. A  rticle 297 provides that: “If the litigant files an appeal within the prescribed 30-day period, the time limit for the appeal shall be extended for the remaining litigants who have the right to appeal by attendance in the scheduled hearing”. With respect to this Article of the draft law, NIHR refers to the grounds stated in connection with Clause 1 of Article 294 above in order to avoid repetition and prolongation. Therefore, NIHR agrees with the amendment set out in the draft law on the basis of the aforementioned grounds. 21