Human Rights Commission Chair, Retired Judge Mathew Mwaimu, addresses the media in Dodoma, presenting findings and recommendations from the 2023/2024 investigations. Photo: Courtesy
By Adonis Byemelwa
The
Human Rights and Good Governance Commission (THBUB) has uncovered serious human
rights violations by the Police Force against detained citizens. The
Commission's investigation, which has gained significant media attention,
revealed acts of assault, brutality, torture, and injuries inflicted on
detainees, along with legal irregularities in arrests and the denial of bail
for some individuals.
Headed
by retired Judge Mathew Mwaimu, the Commission has called upon the Inspector
General of Police (IGP) to take disciplinary action against officers and police
involved in these abuses and to monitor activities at police stations.
This
announcement was made on Friday, July 19, 2024, in Dodoma by Judge Mwaimu
during the Commission's press briefing for the 2022/23 report, covering January
to May 30, 2024. The report highlighted various cross-cutting issues, including
land conflicts and challenges in protected areas.
Addressing
the investigation into police misconduct, Judge Mwaimu stated, "THBUB
confirmed that legal procedures for the arrest and detention of suspects in
police custody were not adhered to."
He
cited incidents of citizens being assaulted and subjected to brutal treatment,
causing injuries. For example, in a complaint from a resident of Morogoro
Municipality, the Commission verified that the individual was assaulted and
brutally treated, resulting in injuries while detained by police officers in
Morogoro.
Another
case involved allegations against police officers in Mbarali, Mbeya Region,
where a businessman was tortured and held without bail for over 20 days. The
businessman sustained injuries to his hands from being handcuffed and a large
wound on his right foot from beatings. "Despite these ordeals, the citizen
was not provided timely medical treatment," Judge Mwaimu noted.
The
Commission also revealed findings on police officers at Dodoma Central Police
Station, who failed to follow legal procedures during the arrest and detention
of a suspect, denying them bail and subjecting them to cruel treatment through
beatings and torture.
Furthermore,
the Commission discovered that some police stations are specifically used for
torturing suspects during interrogations before transferring them to other
police stations. In an investigation of allegations by a resident of Moshi,
Kilimanjaro Region, against police officers for mistreatment and legal
irregularities, the Commission found that legal procedures were not followed.
Based
on these findings, the Commission recommended that the IGP ensure officers
receive regular training on executing their duties following the law,
regulations, and procedures, including training on human rights and good
governance to enhance their professional conduct.
It also advised the IGP to install CCTV
cameras at police stations, particularly at all counter reception offices
(CROs), to monitor all activities involving detainees and civilians visiting
these stations.
"IGP
should take disciplinary action against police officers involved in acts of
beating and torturing suspects as identified," Judge Mwaimu asserted.
Similar
recommendations were made in the report by the Commission for the Improvement
of Criminal Justice Institutions, which also addressed various issues and
provided five key recommendations for the Police Force. These include a
comprehensive evaluation of the Police Force to enable substantial reforms and
restructuring to eliminate existing operational flaws.
The
Police Force should be legally, structurally, and conceptually transformed to
reflect its role as a service-oriented body.
This transformation should involve revising
training curricula and changing the mindset of police officers from a military
approach to a service-oriented one.
Additionally,
the Police Force should enhance its internal system for handling public
complaints, strengthen criminal intelligence services, and establish community
policing programs to bring the force closer to the community.
Responding
to the Commission's findings, Police Spokesperson David Misime said, "We
have received and accepted the Human Rights Commission's report as feedback on
the Police Force's operations.
When
told your shirt is dirty, you should take it off and wash it with soap and
water to clean it. That is how the Police Force will address the identified
shortcomings."
Regarding
the installation of CCTV cameras, Misime mentioned that the implementation has
already begun following directives from the President of the United Republic of
Tanzania for the Police Force to use IT systems in its operations to ensure
citizens receive their rights efficiently and promptly. "The Police Force
is also implementing the Human Rights Commission's recommendations, including
the use of IT in its operations," he stated.
In
line with the President's directives and the Commission's recommendations, CCTV
systems are being installed in new police stations expected to be established.
For example, installations are planned for the Gezaulole Police Station in
Kigamboni, Mtumba, and new offices for Police Commanders in Singida, Katavi,
North Unguja, and South Unguja, among other locations.
Misime
added that there are 17 new offices for Police Chiefs and stations expected to
open soon, with CCTV cameras being among the systems to be installed in these
stations. "Police IT specialists have already estimated the costs of
installing CCTV cameras in police stations and LAN systems to enable IT use in
all offices," he said.
Judge
Mwaimu also highlighted land conflict investigations, revealing long-standing
disputes causing unrest and that some complainants or citizens are not the
legitimate owners of the disputed lands. For instance, the Commission found
that the Efatha religious institution is the rightful owner of Malonje Farm in
Sumbawanga, Rukwa, but a border dispute with residents has persisted since
2008.
He
noted that these conflicts have led to firearm use and injuries, notably during
an incident on November 6, 2023, where three residents were shot. The
Commission advised government authorities, Efatha, and residents to agree on
resolving the farm dispute by demarcating the contested land and negotiating
with the investor to allow residents to continue farming and livestock
activities, promoting peace and harmony.
In
an investigation into complaints from residents of Komarera and Kewanja
villages against the North Mara mine, the Commission found that the mine
acquired 652 acres in the village for expansion, following procedures,
transparency, and stakeholder engagement, with affected residents receiving
appropriate compensation. However, the Commission noted fatalities and various
injuries resulting from clashes between youths living near the mine and police
officers guarding it.
The
Commission recommended the Ministry of Minerals collaborate with the
President's Office - Regional Administration and Local Government (PO-RALG) and
the North Mara mine management to designate areas for small-scale miners to
prevent mine invasions.
Regarding
allegations against officers from the Rubondo National Park in the Geita
Region, the Commission identified acts of cruelty and torture by park officers,
noting poor relations between officers, wardens, and residents. The Commission
recommended that conservation authorities, including the Ministry of Natural
Resources and Tourism, the Ministry of Livestock and Fisheries, and the
Attorney General's Office, review conservation laws to address existing gaps
and take action against park officers accused of cruelty and torture.
Following
the report, the Executive Director of the Legal and Human Rights Centre (LHRC),
Dr. Anna Henga, praised the Commission for providing a comprehensive report
covering individuals, institutions, regional authorities, and the Police Force.
She stated that such reports shed light on human rights violations, especially
when issued by the government itself, as opposed to reports from civil society
organizations alone.
Dr.
Henga urged for more frequent reports to ensure timely action against
perpetrators, suggesting monthly releases instead of long intervals. Similarly,
the Director of the Human Rights Defenders Coalition (THRDC), Onesmo
Olengurumwa, commended the Commission for the report and urged it to continue
monitoring and reporting on incidents. "We believe the Commission will
also address the issue of abductions," Olengurumwa said.