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Interpol report slams Tanzanian judicial system
2006-03-12 07:39:38
By Nasser Kigwangallah
The Tanzanian crime rate although shocking, is low as compared to many industrialized countries of the world.
According to analysis done using INTERPOL data for Tanzania, index offenses include murder, rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft.
The combined total of these offenses constitutes the index used for trend calculation purposes.
The INTERPOL data shows that the murder rate in 2000 was 7.95 per 100,000 population for Tanzania, 1.10 for Japan, and 5.51 for USA.
For rape, the rate in 2000 was 10.05 for Tanzania, compared with 1.78 for Japan and 32.05 for USA.
For robbery, the rate in 2000 was 3.15 for Tanzania, 4.08 for Japan, and 144.92 for USA.
For aggravated assault, the rate in 2000 was 14.05 for Tanzania, 23.78 for Japan, and 323.62 for USA.
For burglary, the rate in 2000 was 89.22 for Tanzania, 233.60 for Japan, and 728.42 for USA.
The rate of larceny for 2000 was 80.15 for Tanzania, 1401.26 for Japan, and 2475.27 for USA.
The rate for motor vehicle theft in 2000 was 0.75 for Tanzania, compared with 44.28 for Japan and 414.17 for USA.
The rate for all index offenses combined was 205.32 for Tanzania, compared with 1709.88 for Japan and 4123.97 for USA.
Between 1996 and 2000, according to INTERPOL data, the rate of murder increased from 7.61 to 7.95 per 100,000 population, an increase of 4.5%.
The rate for rape increased from 1.63 to 10.05, an increase of 516.6%.
The rate of robbery increased from 2.44 to 3.15, an increase of 29.1%.
The rate for aggravated assault increased from 1.62 to 14.05, an increase of 767.3%.
The rate for burglary increased from 85.6 to 89.22, an increase of 4.2%.
The rate of larceny increased from 28.55 to 80.15, an increase of 180.7%.
The rate of motor vehicle theft decreased from 0.98 to 0.75, a decrease of 24.5%.
The rate of total index offenses increased from 128.43 to 205.32, an increase of 59.9%.
The police force had primary responsibility for maintaining law and order.
It was formerly supported by citizens’ patrols known as sungusungu, which remains active in rural areas, but have virtually disappeared from urban areas.
There also are sungusungu groups composed of refugees in most refugee camps that acted as quasi-official security forces.
The military is composed of the Tanzanian People’s Defence Force (TPDF).
The People’s Militia Field Force (FFU) is a division of, and directly controlled by, the national police force.
The security forces are under the full control of, and responsive to the government.
The security forces are regularly accused of committing human rights abuses.
There are numerous reports of political killings and unlawful killings of innocent civilians committed by police.
There is a case where four innocent civilians from Mahenge district were gunned down by police in Dar es Salaam recently.
The matter is now in the court of law where investigation of the matter is under way.
The Constitution of the country prohibits such practices to be committed by security forces.
However, there are reports that police officers threaten, mistreat, or occasionally beat up suspected criminals during and after their apprehension and interrogation.
The government seldom prosecutes police officers for such crimes.
During political or civil protests, police use force to disperse gatherings.
There are numerous reports that police officers use torture, including beatings and flogging to punish or extract information from suspected offenders.
The police and the judicial system continue to use corporal punishment.
For example, courts use cane strokes for juveniles convicted of various offences, including manslaughter.
Public Safety and Security Minister Harith Mwapachu was quoted as saying that police officers would continue to kill suspected armed robbers, a statement which has caused a huge outcry in the country.
So far no action has been taken against members of the security forces responsible for torturing, beating, or otherwise abusing persons.
Sexual abuse and rape of detainees was a problem; however, and the government took some steps during the year to discourage and punish such abuses.
The government has been urged to promote police training during the year in an effort to reduce police impunity.
So far the first Civil Disorder Management training session has been held. 35 police officers attended from throughout the country, including Zanzibar.
Sungusungu still exist, particularly in rural areas such as Tabora, Shinyanga, and Mwanza regions, and in refugee camps.
Members of sungusungu have authority similar to that given to police officials, including the right to arrest persons.
In return, members of sungusungu were expected to be held accountable for any abuses.
The law restricts the right to bail and imposes strict conditions on freedom of movement and association when bail is granted.
Bail was set on a discretionary basis by judges based on the merits of each case; however, there was no bail in murder or armed robbery cases.
Bribes often determined whether bail was granted or whether a case was judged as a civil or criminal matter.
There were reports of prisoners waiting several years for trial because they could not bribe police and court officials.
Because of backlogs, an average case takes 2 to 3 years or longer to come to trial.
Observers estimate that approximately only 5 percent of persons held in remand ultimately were convicted, and often those convicted had already served their full sentences before their trials were held.
The authorities acknowledged that some cases had been pending for several years.
Although the Constitution provides for an independent judiciary, the judiciary is corrupt, inefficient, and subject to executive influence.
Clerks take bribes to decide whether or not to open cases and to hide or misdirect the files of those accused of crimes.
Magistrates occasionally accept bribes to determine guilt or innocence, pass sentences, withdraw charges, or decide appeals.
In 2000 the Minister of Justice acknowledged in public statements that problems within the judiciary included unwarranted delays in the hearing of cases, falsified recording of evidence in court records, bribery, improper use or failure to use bail, and unethical behaviour on the part of magistrates.
For example, on September 4, 12 persons detained for operating a ’sex parlor’ were denied bail because police failed to transport the detainees from the prison to the court in order to plead bail.
The government has made little progress in addressing judicial corruption.
Judicial ethics committees fail to offer recommendations to improve the credibility and conduct of the judiciary.
On its part, the Prevention of Corruption Bureau (PCB) received 16 reports of judicial bribery during the year.
For example, on November 22, a Primary Court magistrate was arrested after she received a 50,000 shilling bribe that she demanded from the accused in a case about grazing rights.
The magistrate previously had been reprimanded on numerous occasions for soliciting bribes.
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