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.