76. With regard to the framing of Article 4 of the Charter, the Court observes that, despite a global trend towards the abolition of the death penalty, including the adoption of the Second option Protocol to the international covenant on civil and political Rights, the prohibition of the death sentence in international law is still not absolute.31 77. The Court recalls the well-established international human rights case-law on the criteria for assessing arbitrariness of a death sentence,32 namely, (i) whether the death sentence is provided for by law, (ii) whether the sentence was passed by a competent court and (iii) whether due process was followed in the proceedings leading to the death sentence. The Court will therefore make its assessment based on these criteria. 78. In relation to the first criterion, which is that the death sentence should be provided by law, the Court notes that the punishment is provided for in Section 197 of the Respondent State’s Penal Code CAP 16. RE.2002, as the mandatory punishment for the offence of murder.33 The said condition is therefore met. 79. Regarding the second criterion, on whether the sentence was passed by a competent Court, this Court observes that the High Court is the competent Court in the Respondent State to deal with offences that carry a death penalty. It has both appellate and original jurisdiction to adjudicate on civil and criminal matters as provided for under Section 3(2)(a) of the Criminal Procedure Act and Article 107(1)(a) of the Tanzania Constitution. As such the sentence was imposed by a competent court. It follows that this second requirement is equally met. 31 Rajabu and Others v. Tanzania, supra, § 96. See International Pen and Others (on behalf of Saro-Wiwa) v. Nigeria, Communications 137/94 139/94, 154/96, 161/97 (2000) AHRLR 212 (ACHPR 1998), §§ 1-10 and, § 103; Forum of Conscience v. Siena Leone, Communication 223/98 (2000) 293 (ACHPR 2000), § 20; See Article 6(2), ICCPR; and Eversley Thompson v. St. Vincent & the Grenadines, Comm. No. 806/1998, U.N. Doc. CCPR/C70IO/806/1998 (2000) (U.N.H.C.R.), § 8.2; See also Rajabu and Others v. Tanzania, supra, § 104. 33 “A person convicted of murder shall be sentenced to death”. 32 22