decisions in Law Office of Ghazi Suleiman v Sudan78 to highlight the importance of appeal rights in the Commission‟s jurisprudence, and to Civil Liberties Organization and Others v. Nigeria79 concerning the right to appeal in death penalty cases. 141. As a result of the above, the Complainants submit that the court before which the victims were tried failed to meet the criteria which the Commission has identified as essential for an independent and impartial tribunal and urged the Commission to hold that the Arab Republic of Egypt has violated Articles 7 and 26 of the African Charter. Alleged Violation of Article 4 (Right to Life) 142. In support of the alleged violation of Article 4 of the African Charter, the Complainants contend that although the imposition of the death penalty is not per se unlawful under the Charter or broader international human rights law, certain circumstances, which are present in this case, will render it a breach of the right to life. For the purposes of this instant case the Complainant argued that these special circumstances would include situations where the sentence was passed without meeting the requirements of a fair trial set out in Article 7 of the African Charter; and where the death penalty is mandatory or automatic, imposed by law rather than being applied by a court of law in light of all relevant circumstances. 143. They submit that in criminal proceedings which may lead to the imposition of the death penalty, respect for due process is required to ensure that the right to life guaranteed under Article 4 of the Charter is not violated. By referring the African Commission to its decisions in International Pen and 78 Communication 222/98 and 229/99 - Law Office of Ghazi Suleiman v. Sudan (, para. 53; see also para 65. 79 Communication 218/98 - Civil Liberties Organisation, Legal Defence Centre, Legal Defence and Assistance Project v. Nigeria (, para 33. See also Id, para 34. 41