The state ensures that the right and necessity for judges to conduct their professional duties independently and without interference is respected. This is clearly stated in the Constitution and the Judicial Service Act, No. 4 of2005. The right of an indiv~dual to have access to an independent and impartial court and to effective legal representation is also safeguarded. Under the Legal Aid (Criminal Proceedings) Act CAP 21 R.E. of 2002, persons accused of capital offences like murder are given free legal aid at the expense of the Government. Under the Medium Term Strategy (MTS) within the Legal Sector Reform Programme (LSRP) of 2005/06-2007/08 the Government has formulated strategies to ensure that the indigent, disadvantaged and vulnerable persons are given free legal representation as and when in need. The Government has also allowed various institutions including civil society organisations to provide legal representation to the indigent, disadvantaged and vulnerable. ARTICLE 4 AND 5: RESPECT FOR LIFE, INTEGRITY AND DIGNITY With regard to respect for life, Tanzania has taken measures to ensure the enjoyment of this right by incorporating the right into the Constitution of the U':lited Republic of Tanzania in Article 12 in 1984. In 1985 the Union Government enacted the Criminal Procedure Act CAP. 20 R.E. of 2002 which specifically requires the Police Force and other institutions entrusted with the use of force in their operation to ensure that the use of force is reasonable. Similar provisions are to be found in the Zanzibar Criminal Procedure Act of 2004. With regard to individuals who are likely to breach this right, both the Penal Code CAP. 16 R.E. of 2002 of Tanzania Mainland and that of Zanzibar penalise malicious killings (murder) and killing without malice (manslaughter). All these are measures intended to protect the right to life within the laws of Tanzania. It is impmiant to state that Tanzania retains capital punishment for murder cases since publi c opinion on the matter is still divided and the maj ority still calling for retention of capital punishment. The punishment however has not been carried out for the past few years. 9