women have also been targeted. The CRM applauds the establishment of a national task force to fast-track
investigation and prosecutions of cases concerning the albinos, culminating in the prosecution of 14 suspects.
However, the CRM was informed that, given the high-profile nature of such cases, victims’ families and citizens
are not kept informed of progress. A number of cases are still pending with no suspect having been charged.
Elderly women’s deaths are suspected to amount to even higher numbers than albinos, but they are not being
given due attention either.
273.
The CRM notes that Tanzania is yet to abolish the death penalty. The sentence still remains on the law books
as a punishment for offences of murder, treason, and the misconduct of military commanders. The Law Reform
Commission of Tanzania reported that between 1978 and 1987, and also from 1995 to date, there were no
executions of condemned prisoners.43 Although President Benjamin Mkapa and President Jakaya Kikwete
commuted 100 and 75 death sentences, respectively, into life imprisonment, the CRM noted that the courts
continue to hand down death sentences.44 Similarly, Zanzibar, like Mainland Tanzania, still retains the death
penalty as a capital punishment under the 2006 Penal Act. While the execution of the death penalty was imposed
in Zanzibar in 2010, executions had not been carried out since 1964 because the President invoked his power
to commute the penalty instead.45 Despite several campaigns by CSOs against the death penalty, the CRM learnt
that there are no signs that it will be struck off the statute books.
274.
The CRM confirms the CSAR finding on increasing cases of mob justice nationwide, resulting in suspected
thieves being killed.46 The victims, mostly young men, are taunted and battered or burned to death by fellow
Tanzanians sometimes, with the participation of children.47 The increase in mob justice is a threat to the rule of
law and it increases insensitivity to violence in which not only are victims declared guilty before trial (the majority
turn out to be innocent), but they also undergo cruel and inhuman treatment before losing their life.
275.
The CRM also learnt that Tanzanian citizens have also reacted to incidents of alleged police brutality. In meetings
with stakeholders, the CRM was informed about unlawful attacks on the police by angry citizens.48
National human rights protection system
276.
In interactions with stakeholders, the CRM learnt that the national human rights protection mechanisms in
Tanzania are perceived to be weak. The Judiciary and the Commission of Human Rights and Good Governance
constitute the two main national mechanisms for providing remedies pursuant to human rights violations. It
emerged during the CRM consultations that the high costs, cumbersome procedural rules, and limited knowledge
of how courts work make it difficult for the public to access their rights through the judiciary. Lack of clarity
about the relationship between courts and rights-specific remedial avenues such as CHRAGG have also created
confusion among members of the public about where to go to resolve their claims.
277.
Commendably, CHRAGG has established its structures as a full-fledged National Human Rights Institution
(NHRI) comprising seven commissioners and 192 staff. This constitutes 76 per cent of its staffing requirements.
Operations run smoothly. The Commission is accredited to the International Coordination Committee of NHRIs
with A status and continues to carry out human rights awareness programmes, monitor places of detention, and
engage with civil society organisations.
278.
Despite these positive developments, CHRAGG has to deal with a weak legislative framework, insufficient
financial and human resources. Political will to recognise its recommendations, guidance and advice is not
43
Discussion Paper for Stakeholders’ Workshop on the review of the Capital Punishment, Corporal Punishment and Long Sentences in Tanzania, LRCT
(2008). See also LHRC (2010), p. 38.
44
On 13 March 2012, a father and his son were sentenced to death by hanging after High Court Judge in Hai District in Kilimanjaro was convicted of
murder (Daily News, p.1, 14 March 2012.)
45
LHRC Annual Report 2010, p. 304.
46
In August 1999, the media showed a suspected thief who had been burnt alive in Morogroro and in January 2011 another man who was accused of
stealing a motorcycles was burned to death in Kimara. (Mob Spot but no Justice, Guardian, Monday 12 March 2012)
47
Another lynching occurred in February 2012 despite efforts by a media report to contact and involve the Police to avert the tragedy. In Pemba, in
September 2010, the victim was beaten to death in a conflict over clove trees (LHRC Annual Report 2010, p. 304.)
48
In June 2010, a group of 300 people attacked a police station in Kilimanjaro when they wanted to kill three men suspected to have kidnapped a young
child and killed her for ritual sacrifice. (LHRC Annual Report 2009, p. 51.) In another incident, villagers stormed and destroyed a police post and set fire to
the houses of the police officers alleged to have killed a student in Chunya district, Mbeya. Some suspects who were on remand escaped (The Citizen, 4
March 2012.)
72
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