Rights Committee has held that this requires full review of the conviction and sentence.766 However, there is no right to a hearing de novo. 144. The appeal procedure should comply with the fair trial standards.767 145. The right to appeal must be provided for by law, but an individual can be required to apply for leave to appeal. 146. The review, according to the Human Rights Committee, 768 must be able to consider both conviction and sentence,769 fact and law.770 147. Whether an appeal can correct defects at trial is a question of fact in each case.771 T. Other procedural safeguards Unlawfully obtained evidence 148. It has traditionally been clear that evidence obtained in breach of absolute rights, such as protection from inhuman and degrading treatment, or torture, must always be excluded from trial.772 Article 15 of the UN Convention Against Torture specifically requires this, as does previous case law of the courts and tribunals responsible for the guarantee of human rights. 149. This rule applies during a state of emergency and the only situation where it does not apply is where the confession or statement is then used as evidence of torture or ill treatment itself.773 150. The burden of proof is on the state to show the confession was not made under duress.774 151. Prosecutors should ‘refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall 766 Human Rights Committee Communication 355/1989, Reid v Jamaica, 8 July 1994;Communicatoin 701/1996, Gomez Vazquez v Spain., 11 August 2000. 767 Delcourt v Belgium, European Court, 17 January 1970. 768 Contrast the ECHR which provides states with a greater discretion in this context. 769 Human Rights Committee, Communication 1100/2002, Bandajevsky v Belarus, UN Doc CCPR/C/86/D/1100/2002 (2006). 770 Communication 1104/2002, Fernández v the Czech Republic, UN Doc CCPR/C/83/D/1104/2002 (2005). 771 Findlay v UK, 25 February 1997. 772 See Palestinian Basic Law, Article 13. Human Rights Committee General Comment No.32, CCPR/C/GC/32 (2007), paras 6 and 41. General Comment No.29, paras 7 and 15. Communication 915/2000, Sultanova v Uzbekistan, UN Doc CCPR/C/86/D/915/2000 (2006), paras 7.2–7.3; 773 Human Rights Committee, General Comment No.32, CCPR/C/GC/32 (2007), para 41. 774 Human Rights Committee, General Comment No.32, CCPR/C/GC/32 (2007), para 41; Communication 253/1987, Kelly v Jamaica, 8 April 1991, para 7.4. 126