(24) In those States which have not yet abolished the death penalty it is vital that it is used for only the most serious crimes – understood to be crimes involving intentional killing. If, for any reason, the criminal justice system of a State does not, at the time of trial or conviction, meet the criteria of Article 7 of the African Charter or if the particular proceedings in which the penalty is imposed have not stringently met the highest standards of fairness, then the subsequent application of the death penalty will be considered a violation of the right to life. Those sentenced to death have the right to seek clemency, pardon or commutation through a transparent process with due process of law. Mass trials resulting in the death penalty without due consideration to fair trial standards are illegal and should not take place. In no circumstances shall the imposition of the death penalty be mandatory for an offence. The death penalty shall not be imposed for crimes committed by children, and the burden of proof rests upon the State to prove the age of the defendant. Military courts shall not have the power to impose the death penalty. (25) Whatever the offense or the circumstances of the trial, the execution of pregnant or nursing women, children, elderly persons or persons with psycho-social or intellectual disabilities, will always amount to a violation of the right to life. (26) Where the death penalty has not yet been abolished, it shall be used in a completely transparent manner, with States giving reasonable advance notice of the timing, manner, and number of executions to those involved, including those under sentence of death, their families and lawyers, and to the public at large. States shall not conduct executions in public, nor use methods that cause unnecessary physical or mental suffering. After an execution, the body should be treated with respect, and, where requested, be returned to the family for burial or other funeral rites, or information about the burial or cremation should be provided. E. The use of force in law enforcement (27) The primary duty of law enforcement officials – meaning any actor officially tasked with exercising a law enforcement 13