00135? against three criteria: first, it must be provided by law; second, it must be imposed by a competent court; and, third, it must abide by due process. '105. The Court notes, with respect to the requirement of legality, that the mandatory imposition of the death sentence is provided for in Section 197 of the Penal Code of Tanzania. The requirement that the penalty should be provided for in the law is thus met. 106. Regarding the requirement of the death sentence being passed by a competent court following due process, the Court notes that the Applicants' contention is not that the courts of the Respondent State lacked jurisdiction to conduct the processes that led to the imposition of the death penalty. Their submission is rather that the High Court could impose the death sentence only because it was provided for in the law as mandatory without any discretion of the judicial officer. 107. As to whether the mandatory imposition of the death penalty meets the requirement of due process, this Court observes that, by a joint reading of Articles 1,7(1), and 26 of the Charter,2s due process does not only encompass procedural rights, strictly speaking, such as the rights to have one's cause heard, to appeal, and to defence but also extends to the sentencing process. lt is for this reason that any penalty must be imposed by a tribunal that is independent in the sense that it retains full discretion in determining matters of fact and law. 108. ln the present case, this Court, firstly, notes that the mandatory imposition of the death penalty as provided for in Section 197 of the Respondent State's Penal Code is framed as follows: "A person convicted of murder shall be sentenced to death". The automatic and mechanical application of this provision in cases of murder is confirmed by the wording of the sentence 2s Article 26 of the Charter reads: "States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter." 30 @-