Procedure Act [Cap 20 R.E 2002] and Article 30 (2) of the Constitution of the Republic of Tanzania. *** 73. The Court notes that, Article 4 of the Charter provides that: “[H]uman beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.” 74. The Court observes that the Applicant has raises three (3) separate grounds relating to the alleged violation of the right to life and the mandatory imposition of the death penalty. These are: (i) failure to consider the circumstances of the offender, (ii) failure to consider the lawfulness of the sentence and (iii) non-compliance with guarantees of due process during the trial, all of which call upon the Court to determine whether the mandatory imposition of the death penalty constitutes an arbitrary deprivation of the right to life. 75. Furthermore, the Court recalls its observation on the global trends towards the abolition of the death penalty, represented, in part, by the adoption of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR).28 At the same time, however, it notes that the death penalty remains on the statute books of some States and that no treaty on the abolition of the death penalty has gained universal ratification.29 The Court further notes that as at 28 June 2023, the Second Optional Protocol to the ICCPR has ninety (90) State Parties out of the one hundred-seventy-three (173) State Parties to the ICCPR.30 28 Amini Juma v. United Republic of Tanzania, ACtHPR, Application No.024/2016, Judgment of 30 September 2021 (merits and reparations), § 122 and Ally Rajabu and Others v. United Republic of Tanzania, (merits and reparations) (28 November 2019) 1 AfCLR 96. Notably, the Respondent State is not a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights. 29 For a comprehensive statement on developments in relation to the death penalty, see, United Nations General Assembly Moratorium on the use of the death penalty – A/77/247: Report of the Secretary General on a moratorium on the use of the death penalty, published on 8 August 2022. See https://www.ohchr.org/en/node/103842. 30 https://indicators.ohchr.org/ 21