International Federation for Human Rights Report International Fact-finding Mission Tanzania: The death sentence institutionnalised ? Foreword: Why mobilise against the Death Penalty . 4 Introduction. 7 I. The Tanzanian political and judicial system . 8 II. Death penalty and the international standards . 12 III. Compliance with the Rule of law: Justice under Siege . 16 IV. Offences punishable by the death penalty in Tanzania . 23 V. Manufacturing convicts: a journey through the Tanzanian criminal system . 26 VI. The move towards abolition . 42 VII. Bibliography . 44 VIII. Appendices . 45 n°414/2 - April 2005 This report was elaborated with the support of the European Commission (European Initiative for Democracy and Human Rights- EIDHR) and the Fund for FIDH Missions. The opinions expressed in this document are those of the FIDH only and can not be attributed to the European Union. Tanzania: The death sentence institutionnalised ? Table of Contents Foreword: Why mobilise against the Death Penalty . 4 1. The death penalty is inconsistent with notions of human dignity and liberty . 4 2. The death penalty is ineffective. 5 3. Arguments from international human rights law . 5 Introduction. 7 I. The Tanzanian political and judicial system . 8 1. The creation of the country . 8 2. The Tanzanian criminal justice system . 9 3. Ratification of Human rights treaties. 10 II. Death penalty and the international standards . 12 1. The United Nations system . 12 2. The Regional System: The African Charter on Human and People's Rights . 13 a. The legal framework. 13 b. The practice of neighbouring States . 14 III. Compliance with the Rule of law: Justice under Siege . 16 1. The king and the government can do no wrong . 16 a. A reluctance to adhere or comply with the decisions of treaty-based monitoring systems . 16 b. Distrust of the judiciary . 17 2. A criminal system based on retaliation and revenge. 18 3. Corruption: a threat to the reform process . 20 IV. Offences punishable by the death penalty in Tanzania . 23 1. Murder . 23 2. Treason . 23 3. Misconduct of commanders or any service man in presence of enemy. 24 V. Manufacturing convicts: a journey through the Tanzanian criminal system . 26 1. The arrest of a suspect . 26 a. Duration of the pre-trial detention . 29 b. Conditions of detention of detainees on remand . 30 2. The trial stage . 32 a. The quality of the legal representation provided to indigents accused of murder in Tanzania. 32 b. Burden of proof and evidence accepted by the Courts . 33 c. Corruption. 34 3. Appeal and the Presidential pardon . 35 4. The post conviction stage . 36 VI. The move towards abolition . 42 Recommendations . 43 VII. Bibliography . 44 VIII. Appendices . 45 FIDH- LHRC / PAGE 3 Tanzania: The death sentence institutionnalised ? Foreword: Why mobilise against the Death Penalty The FIDH strongly opposes the death penalty. The FIDH "society as a whole - i.e. all of us - in whose name the verdict maintains that the death penalty is contrary to the very notion was reached becomes collectively guilty because its justice of human dignity and liberty; furthermore, it is utterly system has made the supreme injustice possible" said Robert ineffective as a deterrent. As a result, neither principles nor Badinter, French Minister of Justice, in 1981. For a society as utilitarian considerations can justify the use of capital a whole, accepting the possibility of condemning innocent punishment. people to death is utterly contrary to the fundamental principles of human dignity and justice. 1. The death penalty is inconsistent with notions of human dignity and liberty Justice is based on human rights guarantees: the existence of human rights guarantees is the distinctive character of a Human rights and human dignity are universally reliable and legitimate judicial system; notably, these include acknowledged as fundamental norms that form the basis of the guarantees of the right to a fair trial - including e.g. the politically organised society. The death penalty directly rejection of evidence obtained through torture or other contradicts this very premise and is based on a inhuman and degrading treatment. From this perspective, the misconception of justice. FIDH is convinced that the full respect of these human rights and the rejection of legally sanctioned violence are at the core Justice is based on freedom and dignity: a criminal can and of the legitimacy of any criminal justice system. Justice, should be punished because she/he freely committed an act especially when the most serious crimes.