0fiRtt meaning of Article 2(7) of the Charter (1)5. The distinction between the two kinds of death sentences in this case is only relative. A) Relative and insufficient distinction between the two kinds of death senfences 7. Article 197 of the Tanzanian Penal Code provides that: "Any person convicted of murder shall be. sentenced to death". The adjective mandatory does not appear, but the legal language, without putting elements of procedure, interpreted these provisions as requiring capital punishment. 8. This punishment and its effective application, in any event, can only be made following a procedure subject to the judge's assessment. And these elements are as much present in the case of the non-compulsory death sentence, decided by the judge without legislative constraint. This is emphasized by the United Nations Human Rights Committee in the Dexter case, saying: ,'ln this it recalls its jurisprudence and reiterates that the automatic and mandatory imposition of the death sentence, constitutes an arbitrary context, deprivation of llfe, incompatible with article 6(1) of the covenant, provided that the death sentence is passed without the personal circumstances of the accused or the particular circumstances of the crime being taken into consideration. The existence of a de facto moratorium on executions is not sufficient to make the mandatory death penalty compatible with the covenant"6. 9. on reading these reasons given by the committee, two elements can be noted: 1) mandatory death penalty is only an embodiment of the initial death penalty; it constitutes an arbitrary deprivation of life and 2) It is not compatible with the 5 6 Schabas (W .), The abolition of the death penalty in Internarionul Law, Grotius, Cambridge, 1993, 384 p 11pg Dexter Eddie Johnson v. Ghana Communication,28 March 2014, gg and following; see also Communication No. 1406/2005, Weerawansav. Sri Lanka, observations adopted on 17 March 2009, par. 7.2. 4