By Adonis Byemelwa
The
Tanganyika Law Society (TLS) Tabora Zone has recently expressed profound
concern and outrage following the actions taken by the police and the
Prevention and Combating of Corruption Bureau (PCCB) in the region,
particularly the incident that occurred on January 3, 2025, involving lawyer
Kilingo Hassan.
The
incident marks a dramatic escalation in the ongoing fight for justice in
Tanzania and raises significant questions about the integrity of the legal
system and the rule of law.
The
story of this troubling episode began on January 1, 2025, when lawyer Kilingo
Hassan was instructed by the family members of three individuals—Albert Peter
Mtunda, Edward Joshua Mayega, and Elias Sylvester Fumbuka.
The families reported that their relatives had
been detained since December 27, 2024, on allegations related to tobacco fraud.
After
receiving this information, Kilingo Hassan took the appropriate legal steps by
reaching out to the police leadership and subsequently visiting the Prevention
and Combating of Corruption Bureau (PCCB).
He
aimed to meet with his clients, investigate their detention, and determine
whether they had been granted the constitutional right to bail, given the
charges.
During
his visit to PCCB, the lawyer was initially promised cooperation from the
officers. However, despite these assurances, Hassan discovered that his clients
were being held at the police station in the Tabora Railway station.
He arrived there and attempted to meet his
clients, but was blocked from doing so, despite observing others having access
to their detained individuals.
His
persistence paid off, as he was eventually informed by a PCCB officer that the
accused were indeed detained by the police. The officer also made an offer to
update Hassan on the charges against the detainees, but the lawyer received no
further cooperation.
Undeterred,
Kilingo Hassan took the next step, preparing a habeas corpus application,
demanding that the authorities present his clients in court for a ruling on the
legality of their detention.
This
application was filed online on January 3, 2025, and despite the obstacles he
faced, the lawyer was able to secure the necessary summonses from the court,
which would set the stage for the case to be heard on January 7, 2025, before
the Honorable Judge Adam Mamba.
On
the same day, Hassan took these crucial documents to the PCCB office in Tabora,
as required by law. He arrived at around 4:00 PM and presented the summons,
along with a copy of the application he had submitted to the court.
At
this point, things took a drastic turn. Despite his lawful actions, Hassan was
arrested and taken into custody without being informed of the charges or
reasons for his detention.
His mobile phone was confiscated, and he was
denied any opportunity to contact his family, legal colleagues, or anyone else
for support. This breach of his rights raises serious concerns about the
respect for legal processes in the region.
Despite
efforts by his colleagues to make contact with the court authorities in Tabora,
including the court leadership responsible for issuing the summons, no cooperation
was forthcoming. By 7:00 PM, the lawyer was transferred in an armed convoy to
the central police station in Tabora, according to the statement issued by the
TLS Tabora Zone.
Upon
arrival, he was immediately placed in detention. His colleagues, who had
followed him to the station in an attempt to secure his release on bail, were
denied any access to him. Even though they had prepared to post bail for
Hassan, the police ignored their efforts.
As
the evening wore on, the situation became even more surreal. Hassan was
interrogated from 4:00 PM to 5:00 PM, even though the legal proceedings had
already been completed, and his colleagues were present and prepared to assist
him. By 6:00 AM on 4th January 2025, Hassan was released, but not
before enduring an ordeal that raised serious questions about the rule of law
in Tanzania.
In
response to these events, the Tanganyika Law Society (TLS) Tabora Zone issued a
scathing statement condemning the actions of the police and PCCB.
The
statement reads, "We strongly condemn the actions of the police and PCCB
in detaining and depriving lawyer Kilingo Hassan of his legal rights. These
actions not only violate his rights but also undermine the integrity of the
legal system as a whole. We stand united in our support for the rule of law and
demand that immediate steps be taken to address these violations."
The
statement continued, "We also condemn the lack of cooperation from the
judiciary, particularly the leadership of the Tabora High Court, which failed
to provide the necessary support when requested. This is a grave violation of
the rights of lawyers, who are sworn to uphold the law and serve as officers of
the court."
The
TLS has made it clear that these events will not be tolerated. "We call on
the government and the relevant authorities to take immediate action to ensure
that such incidents do not recur," the statement urged.
"We
also reiterate our demand for a thorough investigation into the events
surrounding the detention and mistreatment of lawyer Kilingo Hassan, as well as
the broader issue of unlawful detentions and the obstruction of justice."
In
a bold move, the TLS Tabora Zone has also announced that, in light of the
events that unfolded, its members will boycott the 2025 Law Week in protest
against the actions of the police and PCCB. This decision highlights the
seriousness with which the TLS views these violations and sends a clear message
that lawyers will not sit idly by while their rights are trampled upon.
"Lawyers
will not participate in the 2025 Law Week unless we receive guarantees that the
authorities will respect the legal rights of all citizens, including the rights
of lawyers to perform their duties without fear of retaliation or
obstruction," said the TLS chairperson, Kelvin Kayanga. "This is not
just about one lawyer; it is about the principle that the legal profession must
be allowed to operate freely and without undue interference."
The
TLS has also declared that it will take legal action against the individuals
responsible for the unlawful detention of Kilingo Hassan, including both police
officers and PCCB agents who were involved in this incident.
The
statement also called for a reform of the procedures for detaining suspects,
noting that delays in bringing detainees before the court violate both
Tanzanian law and international human rights standards.
Behold,
the TLS has vowed to continue advocating for the rights of lawyers and the
proper functioning of the justice system in Tanzania. "We will not allow
the legal profession to be undermined, and we will continue to fight for
justice for all," said Kayanga. "This is a critical moment for the
rule of law in Tanzania, and we will not rest until justice is served."
The
consequences of this saga are far-reaching. Beyond the personal ordeal endured
by lawyer Kilingo Hassan, it exposes the deep flaws within the Tanzanian legal
system.
The
actions of the police and the PCCB undermine the independence of the legal
profession and threaten the very foundations of justice in the country. It is
now up to the authorities to prove their commitment to upholding the law and
protecting the rights of every citizen, including those who work to enforce it.