00135,1 98. The Court notes that, while Article 4 of the Charter provides for the inviolability of life, it contemplates deprivation thereof as long as such is not done arbitrarily. By implication, the death sentence is permissible as an exception to the right to life under Article 4 as long as it is not imposed arbitrarily. 99. There is extensive and well-established intemational human rights case-law on the criteria to apply in assessing arbitrariness of a sentence of death. The Court notes in this respect that, in the case of lnterights and Others (on behalf of Bosch) v. Botswana, the African Commission on Human and Peoples' Rights has emphasised two requirements and these are, firstly, that the sentence must be provided for by law, and, secondly, that it must be imposed by a competent court.22 100. The Court further notes that in the matter of lnternational Pen and Others (Ken Saro-Wiwa) v. Nigeria, the Commission took the view that "given that the trial which ordered the executions itself violates Article 7, any subsequent implementation of the sentences renders the resulting deprivation of life arbitrary and in violation of Article 4'.23 With greater emphasis on due process, the Commission has also concluded in the case of Forum of Conscience v. Siena Leone that "... any violation of the right to life without due process amounts to arbitrary deprivation of life".2a 101. The Court notes that the factor relating to due process is affirmed by all main international human rights bodies which apply instruments that include, like Article 4 of the Charter, an exception to the right to life that permits the imposition of the death penalty.2s 22 See Bosch v. Botswana, 42-48. See lntemational Pen and Others (on behalf of Saro-Wiwa) v. Nigeria, Communications 1371g4, 139i94, 154/96, 161/97 (2000) AHRLR 212 (ACHPR 1998), SS 1-10, S 103. 2a Forum of Conscience v. Siena Leone, Communication 223198 (2OOO) 293 (ACHPR 2OO0), S 20. 2s See Article 6(1) of the ICCPR: "1. Every human being has the inherent right to life. This righi shall be protected by law. No one shall be arbitraily deprived of his life;'; and Article 4(1) of the American Convention on Human Rights: "Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarity deprived of his life." 23 28 &