THE UNITED REPUBLIC OF TANZANIA COMMISSION FOR HUMAN RIGHTS & GOOD GOVERNANCE (CHRAGG) PRESS RELEASE

Transcription

1 THE UNITED REPUBLIC OF TANZANIA COMMISSION FOR HUMAN RIGHTS & GOOD GOVERNANCE (CHRAGG) PRESS RELEASE INVESTIGATION REPORT ON ALLEGATIONS OF BRUTALITY AND HUMILIATION BY THE TANZANIA POLICE FORCE AGAINST CUF LEADERS AND SUPPORTERS AT MTONI MTONGANI TEMEKE, DAR ES SALAAM, JANUARY 27, TH MAY, 2015 Commission for Human Rights and Good Governance Plot No. 8, Luthuli Street P.O Box 2643, DAR ES SALAAM Tel.: /8; ; Fax: Website:

2 1.0 INTRODUCTION On 27 th January 2015 the Commission for Human Rights and Good Governance (Commission) learnt through media reports of an incident that occurred on January 27, 2015, which showed members of the Tanzania Police Force beating and arresting persons who were in an entourage of Prof. Ibrahim Lipumba, the Chairman of Civic United Front (CUF) at Mtoni Mtongani area, Temeke District, Dar es Salaam. Following this incident, the Commission initiated an investigation to determine the main cause of the incident, to see if procedures were followed, see whether human rights were violated, find out if principles of good governance were contravened, and recommend to relevant authorities or institutions on different measures to be taken. The investigation was conducted between 3 rd February 2015 and 15 th May, POWERS TO INVESTIGATE The Commission took into account the requirements of Article130 (1) (c), (f) and (g) of the Constitution of the United Republic of Tanzania of 1977, section 6 (1) (c) and (g), sections 15 ( 1) (a) and 28 (1) (a), (b) and (f) of the Commission for Human Rights and Good Governance, Act No. 7 of 2001, the Police Force and Auxiliary Police Service Act, Chapter 322, and the Political Parties Act, Chapter 258 of the Laws of Tanzania [Revised Edition 2002]. 3.0 FINDINGS OF THE INVESTIGATION From its investigations the Commission found the following: 3.1 The Police Force used excessive force which resulted in a lot of injuries to CUF leaders and supporters, as well as some members of the public who were in the neighborhood. Moreover, the police used tear gases in an unwarranted manner. 3.2 The Police Force contravened principles of good governance, one of which is respecting basic human rights. In the event, members of the police force did not respect human rights, by not respecting the law governing the Tanzania Police Force. Page 2 of 5

3 3.3 Two women supporters of CUF were humiliated by the police during their arrest and while being taken to remand custody at Segerea prison. 3.4 The Commission confirms, and CUF admitted to the existence of a security wing known as Blue Guard. 4.0 POSITION TAKEN BY THE COMMISSION Based on the findings of this investigation, the Commission states that the Police Force employed excessive force to disperse CUF leaders motorcade, which was on the way to Mbagala Zakhem to inform their members about postponement of a planned demonstration. 5.0 RECOMMENDATIONS Based on this investigation the Commission has addressed recommendations to various government institutions and political parties. Some of these recommendations are as follows: 5.1 The Police Force i. Should adhere to laws and regulations, and observe human rights and principles of good governance while undertaking their day-today duties. ii. Proper training should be imparted to all police officers who are assigned to manage or police public gatherings and demonstrations, particularly those concerning political parties, while taking into account human rights considerations, and the Police Force should improve its relationship with political parties. iii. Should ensure that all police officers are well organized in facilitating and implementing operations involving peaceful gatherings of citizens, while observing highest degree of professionalism when carrying out orders and minimizing harm, rather than being guided Page 3 of 5

4 by emotions, which can lead to violation of human rights and principles of good governance. iv. Should ensure that all police officers receive regular training regarding human rights and principles of good governance. v. Should ensure that their operations comply with their rules and regulations, including assigning female officers when arresting women suspects, and likewise male officers to arrest male suspects. vi. Should observe the right of the media to exercise their freedom to perform their work during such police operations. 5.2 The Prison Department Should immediately stop conducting searches of a degrading nature and avoid the humiliation of the human dignity of suspects because it is contrary to Article 12 (2) and 13 (6) (d) of the Constitution of the United Republic of Tanzania of The Civic United Front (CUF) Party i. Should look for ways to improve relations with the Police Force in order to avoid unnecessary tensions during their political activities, to avoid violence, and to protect human rights and principles of good governance. ii. Should observe laws of the land, especially Article 147 (1) of the Constitution of the United Republic of Tanzania of 1977, which prohibits any political party to establish structures of a military nature. 6.0 CONCLUSION 6.1 The Commission believes that this investigation and its recommendations focus on building a community that respects, Page 4 of 5

5 protects and promotes human rights and principles of good governance. 6.2 The Commission will continue to investigate and make recommendations whenever it identifies violation of human rights and contravention of the principles of good governance. In addition, the Commission expects that respective authorities which are the subject of recommendations of this investigation will implement these recommendations in a timely manner as required by law. 6.3 The Commission shall conduct and coordinate training and meetings in collaboration with Political Parties, the National, and Zanzibar Electoral Commissions (NEC and ZEC), the Tanzania Police Force and the Prisons Department, the Registrar of Political Parties, relevant Ministries and Civil Society Organizations so as to ensure that all issues related to civil and political rights are carried out within the framework of respect for human rights and principles of good governance in the country, especially at this time when the country moves towards the General Elections in October, The Commission would like to remind authorities identified in the recommendations of this study to comply with Section 28 (1), (2) and (3) of the Commission for Human Rights and Good Governance Act No. 7 of 2001 while implementing the recommendations, and should inform the Commission on the status of implementation. Thank you very much. (Original was signed) Bahame Tom Mukirya Nyanduga Chairman Page 5 of 5