Chapter 7 • The Right to a Fair Trial: Part II – From Trial to Final Judgement and of the role of the appellate court therein”.244 As previously noted, the right to appeal is, however, included in article 2 of Protocol No. 7. International human rights law guarantees the right to appeal against a conviction. The appeal proceedings must provide a full review of the facts and the law. Inter alia, the effective exercise of the right to appeal requires, as a minimum, access within a reasonable time to the written judgement. It may also require the transcript of the trial, access to evidential material, and the granting of free legal aid. It is not sufficient that the right to appeal is exercised before a higher court; this court must be independent and impartial and administer justice in accordance with the rules of due process of law. 6. The Right to Compensation in the Event of a Miscarriage of Justice Of the main human rights treaties examined in this chapter, only the International Covenant on Civil and Political Rights provides expressis verbis for compensation in case of a miscarriage of justice. Article 14(6) thereof reads: “When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.” As is clear from this text, a pardon must be based on the fact that a miscarriage of justice has taken place, and, consequently, where a presidential pardon was instead motivated by considerations of equity, no question of compensation arises under article 14(6) of the Covenant.245 Under the International Covenant on Civil and Political Rights a person has the right to compensation in case of conclusive evidence that he or she has been the victim of a miscarriage of justice. The victim must not have contributed to the miscarriage of justice. Pardons based on equity do not give rise to any ground for compensation. 244 Eur. Court HR, Case of Tolstoy Miloslavsky v. the United Kingdom, judgment of 13 July 1995, Series A, No. 316-B, p. 79, para. 59. 245 Communication No. 89/1981, P. Muhonen v. Finland (Views adopted on 8 April 1985), in UN doc. GAOR, A/40/40, pp. 169-170, paras. 11.2-12. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 309