Death Penalty Database

Tanzania

Information current as of: March 21, 2019

General

Official Country Name

United Republic of Tanzania (Tanzania). [1]

Geographical Region

Africa (Eastern Africa). [2]

Death Penalty Law Status

Abolitionist de facto. The last execution was carried out in 1994. [3]

Methods of Execution

Hanging.
Hanging is the method of execution in Tanzania. [4] Executions are to be carried out within a prison precinct appointed by the Commissioner in the presence of the officer-in-charge, necessary prison officers, a medical officer, and a religious minister. No-one else may be present without the Minister’s written permission. [5]

Notably, the African Commission has found that hanging as a method of execution “causes excessive suffering and is not strictly necessary,” and as such it is a violation of the right to dignity under Article 5 of the African Charter. [6]

References

[1] BBC, Tanzania country profile, http://www.bbc.com/news/world-africa-14095776, Nov. 15, 2018.
[2] U.N., Composition of macro geographical (continental) regions, geographical sub-regions, and selected economic and other groupings, http://unstats.un.org/unsd/methods/m49/m49regin.htm, last accessed May 27, 2018.
[3] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2016, p. 13, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2016, 2017.
[4] Criminal Procedure Code Act of Tanzania, art. 322, Act No. 9 of 1985, as updated through to 2011. Penal Code of Tanzania, art. 26(1), Sep. 28, 1945, as updated through to Jul. 7, 2016.
[5] Prisons Act of Tanzania, art. 31, Act No. 34 of 1967, Aug. 9, 1967, as updated through to 1968.
[6] Interights & Ditshwanelo v. The Republic of Botswana, Communication 319/06, paras. 84–87, African Commn. on Human and Peoples’ Rights, 57th Ordinary Session, http://caselaw.ihrda.org/doc/319.06/view/en/#2513976, Nov. 4–18, 2015.

Country Details

Language(s)

The major languages are English and Swahili. [1]

Population

Number of Individuals Currently Under Sentence of Death

At least 496.

At least 496 people were on death row in Tanzania at the end of 2017. [3] At least five death sentences were handed down. [4] The President, John Paul Magufuli, pardoned 61 prisoners who were on death row in 2017. [5]

In recent years, the number of new death sentences known to have been imposed has fluctuated. While for most years the number of death sentences has stayed in the single digits, with at least 3 new death sentences reported in 2012, [6] 7 in 2013, [7] and at least 5 in 2015, [8] in 2014 the number of new death sentences surged to 91. [9] Amnesty International attributed at least part of this surge to authorities providing more complete data. [10] Nevertheless in 2016, 19 death sentences were reported and 491 were on death row. [11]

In Zanzibar, four men were on death row at the end of 2018. [12]

Annual Number of Reported Executions

Executions in 2019 to date (last updated on May 15, 2019)

0. [13]

Executions in 2018

0. [14]

Executions in 2017

0. [15]

Executions in 2016

0. [16]

Executions in 2015

0. [17]

Executions in 2014

0. [18]

Executions in 2013

0. [19]

Executions in 2012

0. [20]

Executions in 2011

0. [21]

Executions in 2010

0. [22]

Executions in 2009

0. [23]

Executions in 2008

0. [24]

Executions in 2007

0. [25]

Year of Last Known Execution

1994. [26]

References

[1] BBC, Tanzania country profile, http://www.bbc.com/news/world-africa-14095776, Nov. 15, 2018.
[2] BBC, Tanzania country profile, http://www.bbc.com/news/world-africa-14095776, Nov. 15, 2018.
[3] Amnesty Intl., Death Sentences and Executions in 2017, p. 35, ACT 50/7955/2018, Apr. 12, 2018.
[4] Amnesty Intl., Death Sentences and Executions in 2017, p. 35, ACT 50/7955/2018, Apr. 12, 2018.
[5] John Namkwahe, Magufuli grants residential amnesty to 61 death row inmates, The Citizen, http://www.thecitizen.co.tz/News/Magufuli-grants-presidential-amnesty-to-61-death-row-inmates-/1840340-4221150-x6ea2c/index.html, Dec. 9, 2017.
[6] Amnesty Intl., Death Sentences and Executions in 2012, p. 9, ACT 50/001/2013, Apr. 10, 2013.
[7] Amnesty Intl., Death Sentences and Executions in 2013, p. 8, ACT 50/001/2014, Mar. 27, 2014.
[8] Amnesty Intl., Death Sentences and Executions in 2015, p. 7, ACT 50/3487/2016, Apr. 6, 2016.
[9] Amnesty Intl., Death Sentences and Executions in 2014, p. 6, ACT 50/001/2015, Mar. 31, 2015.
[10] Amnesty Intl., Death Sentences and Executions in 2014, p. 6, ACT 50/001/2015, Mar. 31, 2015.
[11] Amnesty Intl., Death Sentences and Executions in 2016, p. 36, ACT 50/5740/2017, Apr. 11, 2017.
[12] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[13] DPW Executions and Death Sentences Monitor.
[14] Amnesty Intl., Death Sentences and Executions 2018, p. 40, 50/9870/2019, Apr. 10, 2019.
[15] Amnesty Intl., Death Sentences and Executions 2017, p. 35, ACT 50/7955/2018, Apr. 12, 2018.
[16] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. 11, 2017.
[17] DPW Executions and Death Sentences Monitor.
[18] Amnesty Intl., Executions and Death Sentences in 2014, ACT 50/001/2015, Mar. 31, 2015.
[19] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 26, 2014.
[20] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. 9, 2013.
[21] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[22] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 28, 2011.
[23] Amnesty Intl., Death Sentences and Execution in 2009, p. 6, ACT 50/001/2010, Mar. 30, 2010.
[24] Amnesty Intl., Death Sentences and Executions in 2008, p. 8, ACT 50/003/2009, Mar. 24, 2009.
[25] Amnesty Intl., Death Sentences and Executions in 2007, p. 6, ACT 50/001/2008, April 15, 2008.
[26] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2016, p. 13, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2016, 2017.

Crimes and Offenders Punishable By Death

Crimes Punishable by Death

Murder.
Under the Tanzania Penal Code, causing the death of the victim “with malice aforethought” is punishable by death. [1] Malice aforethought is the intent to cause death or knowledge that an act or omission will or will likely cause death or do grievous harm to another person, the intent to commit an offence with a punishment of greater than three years’ imprisonment, or an intent to facilitate the flight or escape from custody of a person who has or who has attempted to commit such an offence. [2]

In Zanzibar, a semi-autonomous region, the Penal Decree Act provides the death penalty for murder. A person who causes the death of the victim with “malice aforethought” is guilty of murder and subject to the death penalty in Zanzibar. [3]

Other Offenses Resulting in Death.
In Tanzania and Zanzibar, some offenses resulting in death of the victim are punishable as murder and carry the death penalty, even where there was no intent to kill the victim. These include the following offenses: (1) causing the death of a person with the intent to cause “grievous harm” to any person; [4] (2) causing the death of a person with the intent to commit another serious offense (defined in Tanzania as any offense which is punishable by at least three years’ imprisonment); [5] (3) causing the death of a person with the intent to facilitate flight or escape from custody of a person who has committed or attempted to commit an offence; [6] and (4) causing the death of any person while intending to cause the death of another. [7]

Terrorism-Related Offenses Resulting in Death.
A person who arranges, manages, or attends a meeting that supports a proscribed organization, renders support for an act of terrorism, or harbors or conceals a person convicted of terrorism is liable to be sentenced to death, when the offense results in death. [8] Though this law has not yet been tested, it has the potential to put defendants accused of limited involvement in terrorist crimes at risk of receiving a capital sentence.

Treason.
Under the Tanzania Penal Code, the following offenses are categorized as treason and punishable by death: murdering or attempting to murder the President, and waging war against the State. [9] Additionally, instigating or advising, either in writing or by act: death, maiming, wounding, imprisoning or deposing the President; or unlawful overthrow of the government or intimidation of the executive, the legislature, or the judiciary shall be punishable by death. [10] Finally, aiding the enemy of the State; instigating the invasion of the State; taking up arms against the State; or aiding or attempting to assist the enemy with intent to assist the enemy, or to interfere with public order or the operation of the Defence or Police forces, or to endanger life. [11]

In Zanzibar, the Penal Decree Act also provides the death penalty for treason, defined as an overt act to bring about the unlawful change or removal of the government of Zanzibar. [12] Entering the country to organize a counter-revolution, or to incite others to organize a counter-revolution or to invade the territory with an armed force is also punishable by death. [13]

Military Offenses Not Resulting in Death.
Under the National Defence Act, 1966, many military-related offenses are punishable by death, including mutiny and desertion, traitorous action, cowardice, misconduct in the presence of an enemy, compromising security, an offense relating to taking a prisoner, mutiny, or conspiracy. [14]

Other Offenses Not Resulting in Death.
Any prison officer who takes part in a mutiny using violence or the threat of violence, or incites any prison officer to do so, is liable to be sentenced to death. [15]

Comments.
Zanzibar, governed by the Revolutionary Government of Zanzibar, is an autonomous part of the United Republic of Tanzania. [16] Zanzibar and mainland Tanzania have a separate executive, legislature, and judiciary, as well as different constitutions and penal codes. [17]

Does the country have a mandatory death penalty?

Yes. Murder and offenses integrated into the definition of murder (homicides committed with the intent to cause grievous harm, for example) carry the mandatory death penalty. [18] The Interpretation of Laws Act provides that the word “shall” must be interpreted as an imperative. [19] Those facing trial for some military offences may under certain circumstances face a mandatory death penalty, though in other cases, a discretionary death penalty may be applied. [20]

In one case concerning four men convicted of murder, the Court of Appeal indicated that despite the mandatory death penalty, the practice is to pass conviction and then give the court time to hear mitigating evidence before it prescribes individual sentences. [21] However, recent cases in which the death sentence was imposed indicates that this is not generally the practice. [22]

For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?

Murder.
In Tanzania, a person convicted of murder shall receive a mandatory death sentence. [23]

In Zanzibar, the legislative language also suggests that the death penalty is mandatory for murder. [24]

Other Offenses Not Resulting in Death.
In Tanzania and Zanzibar, some offenses resulting in death of the victim are punishable as murder and carry the death penalty, even where there was no intent to kill the victim, including: (1) intention to cause death causing the death of a person or to cause “grievous harm” to any person, even if the person was not actually killed; [25] (2) knowledge that the act or omission will probably cause death or grievous harm, even if death does not result; [26] (3) intent to commit another serious offense (defined in Tanzania as any offense which is punishable by at least three years of imprisonment); [27] (4) causing the death of a person with the intent to facilitate flight or escape from custody of a person who has committed or attempted to commit an offence; [28] and (5) causing the death of any person while intending to cause the death of another; [29] and acts of terrorism that cause death. [30] The language of the provisions—“shall be sentenced to death”—indicates that these offenses carry the mandatory death penalty. [31]

Crimes For Which Individuals Have Been Executed Since January 2008:

None. Tanzania has not executed anyone since 1994. [32]

Categories of Offenders Excluded From the Death Penalty:

Individuals Below Age 18 At Time of Crime.
The Tanzania Penal Code provides that a “[s]entence of death shall not be pronounced on or recorded against any person who, in the opinion of the court, is under eighteen years of age.” [33] The Zanzibar Criminal Procedure Act, 2018 also mandates that individuals cannot be sentenced to death for crimes committed while under the age of 18. [34]

This conforms with Tanzania’s international obligations as a state party to the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the African Charter on the Rights and Welfare of the Child, which prohibit the execution of individuals for crimes committed while under the age of 18. [35]

Pregnant Women.
The Tanzania Penal Code prohibits the execution of pregnant women. [36] Likewise, the Zanzibar Criminal Procedure Act provides that pregnant women cannot be sentenced to death. [37]

This conforms with Tanzania’s international obligations as party to the International Covenant on Civil and Political Rights and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, which prohibit the execution of pregnant women. [38]

Women With Small Children.
Tanzania is party to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, [39] which prohibits the execution of nursing mothers. We did not, however, find any national legislation excluding nursing mothers from execution. In Tanzania, ratified treaties must be incorporated into the domestic legal system to be relied upon in domestic courts. [40]

On the other hand, the Constitution of Zanzibar states that all government organs and their workers should “follow and adhere the international treaties on human rights and good governance.” [41] It is therefore possible that nursing mothers may be excluded from executions falling under the jurisdiction of Zanzibar.

Mentally Ill.
Tanzania’s Criminal Procedure Act states that if the court finds that an accused committed the offense charged “but was insane so as not to be responsible for his action at the time the act was done or the omission was made, the court shall make a special finding to the effect that the accused did the act or made the omission charged but by reason of his insanity, is not guilty of the offence.” [42] The Penal Code states that “[a] person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind incapable of understanding what he is doing, or of knowing that he ought not to do the act or make the omission.” [43]

Both of these acts can be read in conjunction with the Mental Health Act, which replaces the Mental Diseases Act referred to in the above laws. [44] The Mental Health Act defines mental disorders as a significant occurrence of a mental or behavioral disorder classified by the International Classification of Diseases, published by the World Health Organization. [45] The Act also outlines the procedure a court should follow when inquiring into a mental disorder of a person before it. [46]

In practice, these legal provisions may do little to shield mentally ill prisoners from capital punishment. [47] The High Court of Tanzania criticized the law’s formulation as “obsolete and misleading” in the seminal 1994 case of Mbushuu v. Republic (later overturned on another ground), noting that mental illness affects not only intellectual faculties but the whole personality of the patient, including his will and emotions. [48] The Court went on to list three Tanzanian cases where the defendant was sentenced to death despite expert testimony of serious mental illness. [49]

The Zanzibar Penal Act of 2018 states that “[a] person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind incapable of understanding what he is doing, incapable of appreciating that he ought not to do the act or omission, or does not have control of the act or omission.” [50]

We found no laws prohibiting the execution of prisoners who are mentally ill at the time the sentence is to be carried out.

References

[1] Penal Code of Tanzania, arts. 196–197, Sep. 28, 1945, as updated through to Jul. 7, 2016.
[2] Penal Code of Tanzania, art. 200, Sep. 28, 1945, as updated through to Jul. 7, 2016.
[3] Penal Act of Zanzibar, arts. 179–180, Act No. 6 of 2018, Mar. 16, 2018.
[4] Penal Code of Tanzania, arts. 196, 200(a), Sep. 28, 1945, as updated through to Jul. 7, 2016. Penal Act of Zanzibar, art. 181(a), Act No. 6 of 2018, Mar. 16, 2018.
[5] Penal Code of Tanzania, arts. 196, 200(c), Sep. 28, 1945, as updated through to Jul. 7, 2016. Penal Act of Zanzibar, art. 181(c), Act No. 6 of 2018, Mar. 16, 2018.
[6] Penal Code of Tanzania, arts. 196, 200(d), Sep. 28, 1945, as updated through to Jul. 7, 2016. Penal Act of Zanzibar, art. 181(d), Act No. 6 of 2018, Mar. 16, 2018.
[7] Penal Code of Tanzania, arts. 196, 200(a), Sep. 28, 1945, as updated through to Jul. 7, 2016.
[8] Prevention of Terrorism Act of Tanzania, secs. 5, 7, 8, Act No. 21 of 2002, Nov. 5, 2002, as updated through to Jul. 7, 2016. Sections 5, 7, and 8 of the Prevention of Terrorism Act, 2002 were amended by section 55 of the Written Laws Miscellaneous Amendment Act, 2016 to include the death penalty as punishment for some terrorism-related offenses resulting in death.
[9] Penal Code of Tanzania, arts. 39(1), 40, Sep. 28, 1945, as updated through to Jul. 7, 2016.
[10] Penal Code of Tanzania, arts. 39(2), 40, Sep. 28, 1945, as updated through to Jul. 7, 2016.
[11] Penal Code of Tanzania, arts. 39(3)–(4), 40, Sep. 28, 1945, as updated through to Jul. 7, 2016.
[12] Penal Act of Zanzibar, art. 27, Act No. 6 of 2018, Mar. 16, 2018.
[13] Penal Act of Zanzibar, arts. 28–29, Act No. 6 of 2018, Mar. 16, 2018.
[14] National Defence Act of Tanzania, secs. 90, C.11–14, C.16–17, C.42, Act No. 24 of 1966, Mar. 5, 1966.
[15] Prisons Act of Tanzania, art. 87(3), Act No. 34 of 1967, Aug. 9, 1967, as updated through to 1968.
[16] Christabel Manning & Seka Kasera, Update: Guide to Tanzanian Legal System and Legal Research, GlobaLex, http://www.nyulawglobal.org/globalex/Tanzania1.htm, Jul/Aug. 2016.
[17] Christabel Manning & Seka Kasera, Update: Guide to Tanzanian Legal System and Legal Research, GlobaLex, http://www.nyulawglobal.org/globalex/Tanzania1.htm, Jul/Aug. 2016. Penal Code of Tanzania, Sep. 28, 1945, as updated through to Jul. 7, 2016. Penal Act of Zanzibar, Act No. 6 of 2018, Mar. 16, 2018.
[18] Penal Code of Tanzania, arts. 196-197, 200, Sep. 28, 1945, as updated through to Jul. 7, 2016.
[19] Interpretation of Laws Act of Tanzania, art. 53(2), Act No. 4 of 1996, Jun. 17, 1996.
[20] Penal Code of Tanzania, arts. 39–40, Sep. 28, 1945, as updated through to Jul. 7, 2016.
[21] Ibrahim Yusuph Calist and others v. The Republic, p. 21, Criminal App. No. 204 of 2011, Ct. of Appeal of Tanzania, Mar. 27, 2014.
[22] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[23] Penal Code of Tanzania, arts. 196–197, 200, Sep. 28, 1945, as updated through to Jul. 7, 2016.
[24] Penal Act of Zanzibar, art. 180, Act No. 6 of 2018, Mar. 16, 2018.
[25] Penal Code of Tanzania, arts. 196, 200(a), Sep. 28, 1945, as updated through to Jul. 7, 2016. Penal Act of Zanzibar, art. 181(a), Act No. 6 of 2018, Mar. 16, 2018.
[26] Penal Code of Tanzania, arts. 196, 200(b), Sep. 28, 1945, as updated through to Jul. 7, 2016. Penal Act of Zanzibar, art. 181(b), Act No. 6 of 2018, Mar. 16, 2018.
[27] Penal Code of Tanzania, arts. 196, 200(c), Sep. 28, 1945, as updated through to Jul. 7, 2016. Penal Act of Zanzibar, art. 181(c), Act No. 6 of 2018, Mar. 16, 2018.
[28] Penal Code of Tanzania, arts. 196, 200(d), Sep. 28, 1945, as updated through to Jul. 7, 2016. Penal Act of Zanzibar, art. 181(d), Act No. 6 of 2018, Mar. 16, 2018.
[29] Penal Code of Tanzania, arts. 196, 200(a), Sep. 28, 1945, as updated through to Jul. 7, 2016.
[30] Prevention of Terrorism Act of Tanzania, secs. 5, 7, 8, Act No. 21 of 2002, Nov. 5, 2002, as updated through to Jul. 7, 2016. Sections 5, 7, and 8 of the Prevention of Terrorism Act, 2002 were amended by section 55 of the Written Laws Miscellaneous Amendment Act, 2016 to include the death penalty as punishment for some terrorism-related offenses resulting in death.
[31] Interpretation of Laws Act of Tanzania, art. 53(2), Act No. 4 of 1996, Jun. 17, 1996. Penal Code of Tanzania, arts. 196–197, 200, Sep. 28, 1945, as updated through to Jul. 7, 2016.
[32] Amnesty Intl., Tanzania: executions / fear of further executions, AFR 56/002/1994, Nov. 30, 1994. Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2016, p. 13, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2016, 2017.
[33] Penal Code of Tanzania, art. 26(2), Sep. 28, 1945, as updated through to Jul. 7, 2016.
[34] Zanzibar Criminal Procedure Act, sec. 293(2)(b), Act No. 7 of 2018, Mar. 21, 2018.
[35] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Oct. 2018. Convention on the Rights of the Child Status, Declarations, and Reservations,1577 U.N.T.S. 3, Nov. 20, 1989, https://treaties.un.org/pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-11&chapter=4&lang=en, last accessed Oct. 2018. African Commn. on Human and Peoples’ Rights, Ratification Table: African Charter on the Rights and Welfare of the Child, http://www.achpr.org/instruments/child/ratification, last accessed Oct. 2018.
[36] Penal Code of Tanzania, art. 26(1), Sep. 28, 1945, as updated through to Jul. 7, 2016.
[37] Zanzibar Criminal Procedure Act, sec. 293(2)(a), Act No. 7 of 2018, Mar. 21, 2018.
[38] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Apr. 13, 2014. African Commn. on Human and Peoples’ Rights, Ratification Table: Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, http://www.achpr.org/instruments/women-protocol/ratification, last accessed Oct. 2018.
[39] African Commn. on Human and Peoples’ Rights, Ratification Table: Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, http://www.achpr.org/instruments/women-protocol/ratification, last accessed Oct. 2018.
[40] Aniceth Gaitan & Bernhard Kuschnik, Tanzania’s death penalty debate: An epilogue on Republic v Mbushuu, p. 467, African Human Rights Law Journal, Vol. 9 No. 2, 2009.
[41] The Constitution of Zanzibar, art. 10(9), Oct. 9, 1984, as updated through to Oct. 19, 2016.
[42] Criminal Procedure Act of Tanzania, art. 219(2), Act No. 9 of 1985, Apr. 19, 1985, as updated through to Jun. 3, 2011.
[43] Penal Code of Tanzania, art. 13, Sep. 28, 1945, as updated through to Jul. 7, 2016.
[44] Mental Health Act of Tanzania, arts. 41–43, Act No. 21 of 2008, as updated through to Jul. 8, 2016.
[45] Mental Health Act of Tanzania, art. 3, Act No. 21 of 2008, as updated through to Jul. 8, 2016.
[46] Mental Health Act of Tanzania, art. 10, Act No. 21 of 2008, as updated through to Jul. 8, 2016.
[47] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[48] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, pp. 168–169, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[49] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, pp. 168–169, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[50] Penal Act of Zanzibar, art. 11(1), Act No. 6 of 2018, Mar. 16, 2018.

International Commitments

ICCPR

Party?

Yes. [1]

Date of Accession

June 11, 1976. [2]

Signed?

No. [3]

Date of Signature

Not Applicable.

First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee

Party?

No. [4]

Date of Accession

Not Applicable.

Signed?

No. [5]

Date of Signature

Not Applicable.

Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty

Party?

No. [6]

Date of Accession

Not Applicable.

Signed?

No. [7]

Date of Signature

Not Applicable.

American Convention on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Death Penalty Protocol to the ACHR

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on Human and Peoples' Rights (ACHPR)

Party?

Yes. [8]

Date of Accession

February 18, 1984. [9]

Signed?

Yes. [10]

Date of Signature

May 31, 1982. [11]

Protocol to the ACHPR on the Rights of Women in Africa

Party?

Yes. [12]

Date of Accession

March 3, 2007. [13]

Signed?

Yes. [14]

Date of Signature

November 5, 2003. [15]

African Charter on the Rights and Welfare of the Child

Party?

Yes. [16]

Date of Accession

March 16, 2003. [17]

Signed?

Yes. [18]

Date of Signature

October 23, 1998. [19]

Arab Charter on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

2016 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [20]

Vote

Abstained. [21]

Signed the Note Verbale of Dissociation

No. [22]

2014 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [23]

Vote

Abstained. [24]

Signed the Note Verbale of Dissociation

No. [25]

2012 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [26]

Vote

Abstained. [27]

Signed the Note Verbale of Dissociation

No. [28]

2010 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [29]

Vote

Abstained. [30]

Signed the Note Verbale of Dissociation

No. [31]

2008 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [32]

Vote

Abstained. [33]

Signed the Note Verbale of Dissociation

No. [34]

2007 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [35]

Vote

Abstained. [36]

Signed the Note Verbale of Dissociation

No. [37]

References

[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Oct. 6, 2018.
[2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Oct. 6, 2018.
[3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Oct. 6, 2018.
[4] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Oct. 6, 2018.
[5] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en, last accessed Oct. 6, 2018.
[6] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Oct. 6, 2018.
[7] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4&lang=en, last accessed Oct. 6, 2018.
[8] African Commn. on Human and Peoples’ Rights, Ratification Table: African Charter on Human and People’s Rights, http://www.achpr.org/instruments/achpr/ratification, last accessed Oct. 6, 2018.
[9] African Commn. on Human and Peoples’ Rights, Ratification Table: African Charter on Human and People’s Rights, http://www.achpr.org/instruments/achpr/ratification, last accessed Oct. 6, 2018.
[10] African Commn. on Human and Peoples’ Rights, Ratification Table: African Charter on Human and People’s Rights, http://www.achpr.org/instruments/achpr/ratification, last accessed Oct. 6, 2018.
[11] African Commn. on Human and Peoples’ Rights, Ratification Table: African Charter on Human and People’s Rights, http://www.achpr.org/instruments/achpr/ratification, last accessed Oct. 6, 2018.
[12] African Commn. on Human and Peoples’ Rights, Ratification Table: Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, http://www.achpr.org/instruments/women-protocol/ratification, last accessed Oct. 6, 2018.
[13] African Commn. on Human and Peoples’ Rights, Ratification Table: Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, http://www.achpr.org/instruments/women-protocol/ratification, last accessed Oct. 6, 2018.
[14] African Commn. on Human and Peoples’ Rights, Ratification Table: Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, http://www.achpr.org/instruments/women-protocol/ratification, last accessed Oct. 6, 2018.
[15] African Commn. on Human and Peoples’ Rights, Ratification Table: Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, http://www.achpr.org/instruments/women-protocol/ratification, last accessed Oct. 6, 2018.
[16] African Commn. on Human and Peoples’ Rights, Ratification Table: African Charter on the Rights and Welfare of the Child, http://www.achpr.org/instruments/child/ratification, last accessed Oct. 6, 2018.
[17] African Commn. on Human and Peoples’ Rights, Ratification Table: African Charter on the Rights and Welfare of the Child, http://www.achpr.org/instruments/child/ratification, last accessed Oct. 6, 2018.
[18] African Commn. on Human and Peoples’ Rights, Ratification Table: African Charter on the Rights and Welfare of the Child, http://www.achpr.org/instruments/child/ratification, last accessed Oct. 6, 2018.
[19] African Commn. on Human and Peoples’ Rights, Ratification Table: African Charter on the Rights and Welfare of the Child, http://www.achpr.org/instruments/child/ratification, last accessed Oct. 6, 2018.
[20] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[21] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[22] U.N.G.A., 71st Session, Note Verbale dated 7 September 2017, U.N. Doc. A/71/1047, Sep. 13, 2017.
[23] U.N.G.A., 69th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 141, 144, U.N. Doc. A/69/488/Add.2, Dec. 8, 2014.
[24] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. 17-18, U.N. Doc. A/69/PV.73, Dec. 18, 2014.
[25] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. A/69/993, Jul. 29, 2015.
[26] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 95-96, U.N. Doc. A/67/457/Add.2, Dec. 8, 2012.
[27] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012.
[28] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. A/67/841, Apr. 23, 2013.
[29] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. A/65/456/Add.2, Dec. 8, 2010.
[30] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[31] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011.
[32] U.N.G.A., 63rd session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, U.N. Doc. A/63/430/Add.2, Dec. 4, 2008.
[33] U.N.G.A., 63rd Session, 70th Plenary Meeting, pp. 16-17, U.N. Doc.A/63/PV.70, Dec. 18, 2008.
[34] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. A/63/716, Feb. 12, 2009.
[35] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms,U.N. Doc. A/62/439/Add.2, Dec. 5, 2007.
[36] U.N.G.A., 62nd Session, 76th Plenary Meeting, pp. 16-17, U.N. Doc. A/62/PV.76, Dec. 18, 2007.
[37] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. A/62/658, Feb. 2, 2008.

Death Penalty In Law

Does the country’s constitution make reference to capital punishment?

The Constitution provides: “[e]very person has the right to live and to the protection of his life by the society in accordance with law.” [1] The Court of Appeal of Tanzania offered what it considered to be a better English translation of the authoritative Swahili text in a case concerning the constitutionality of the death penalty: “[e]very person has a right to life and to receive from the society the protection of his life, in accordance with law.” [2]

The Constitution of Zanzibar, a semi-autonomous region, states that “[e]very person has the right to the preservation of his life” and “[e]very person has the right to live and to the protection of his life by the society in accordance with the law.” [3] It also prohibits “a person to be tortured, inhumanly punished or to be given punishments which are degrading and humiliating.” [4]

Does the country’s constitution make reference to international law?

Yes. Tanzania’s Constitution requires that “human dignity is preserved and upheld in accordance with the spirit of the Universal Declaration of Human Rights.” [5] Nevertheless, ratified treaties must be incorporated into the domestic legal system before they can be relied upon in domestic courts. [6]

The Constitution of Zanzibar states that all government organs shall follow and adhere to international treaties on human rights and good governance. [7]

Have there been any significant changes in the application of the death penalty over the last several years?

No executions have been carried out since 1994, [8] and they are unlikely to resume in near future as President John Magufuli indicated in 2017 that he has no wish to sign any death warrants. [9] Moreover, recent years have seen a number of commutations. For instance, in 2017, the President commuted the sentences of 61 death row prisoners. [10] Nevertheless, Tanzanian courts continue to hand down death sentences—at least five in 2017, [11] 19 in 2016, [12] at least five in 2015, [13] 91 in 2014, [14] at least seven in 2013, [15] three in 2012, [16] at least one in 2011, [17] and at least five in 2010. [18] A similar situation exists in Zanzibar, where no executions have taken place in recent years and the President routinely commutes death sentences, but criminal legislation retains the death penalty and death sentences continue to be handed down. [19] In 2016, at least two people were sentenced to death in Zanzibar, and in 2018, at least one person was sentenced to death in Zanzibar. [20] Nevertheless, due to frequent commutations, only four people, all of whom are men, were on death row in Zanzibar at the end of 2018. [21]

Tanzania is currently debating drafting a new constitution and the Justice and Constitutional Affairs Minister stated in 2011 that the review would include the compatibility of the death penalty with the constitutional guarantee of the right to life. [22] In 2013, Minister of Justice and Constitution Affairs Mathias Chikawe proposed the removal of the death penalty from the new constitution, noting that innocent people could be sentenced to death and that the death penalty neither deters crime nor reforms criminals. [23] The second draft of the constitution presented in December 2013, however, included articles assigning the President the power to endorse an execution or commute a death sentence. [24] A second phase of further constitutional review is ongoing, and multiple human rights organizations have called for it to include abolition of the death penalty. [25]

The Law Reform Commission of Tanzania has also recommended abolition multiple times. In March 2008 and April 2009, the Commission, at the request of the government, reported on the debate surrounding capital punishment and recommended abolition. [26] Since then, a parliamentary committee, established to review Tanzania’s death penalty laws, recommended that there be a time limit in place for executions and after the specified time should result in automatic commutation of death sentences to life imprisonment. [27]

In its 2011 national report to the U.N. Human Rights Council, Tanzania indicated that public opinion regarding the death penalty remains divided, with the majority of the people favoring its retention. [28] On the other hand, a differently-phrased survey conducted by the Legal and Human Rights Centre around the same time indicated that 76% of the respondents believed that the death penalty is “not a good punishment” while 74% of the respondents recommended life imprisonment as an alternative to the death penalty. [29]

Is there currently an official moratorium on executions within the country?

No. Although no death sentence has been carried out since 1994 [30] and many death sentences have been commuted, [31] there is no official moratorium on executions in Tanzania or Zanzibar. [32] In 2011, the government acknowledged to the Human Rights Council that a de facto moratorium was in place [33] in 2017 President John Magufuli indicated that he has no wish to sign death warrants. [34]

Have there been any significant published cases concerning the death penalty in national courts?

In the 1994 since-overturned case of Republic v. Mbushuu, Judge Mwalusanya of the High Court found the death penalty as practiced in Tanzania was unconstitutional as a violation of the right to dignity, the right to be free of cruel, inhuman and degrading punishment, and the right to life. [35] In its reasoning, the High Court determined that lengthy delays in executions constitute inhumane treatment, noting that the harshness of death row conditions combined with inordinate delays frequently lead to “pronounced mental deterioration.” [36] The High Court observed that death row prisoners “are treated as non-persons whose rights are subject to the whim of the supervising administration.” [37] Although finding that the constitutional right to life is not absolute, the Court reasoned that that capital punishment infringed on the right to life and was not “saved” under the rights-limiting language in the Constitution. [38] In coming to this conclusion, the Court cited the uncertain deterrent value of the death penalty, [39] its arbitrary application, [40] the great risk of judicial error given that most defendants receive poor legal representation, [41] the availability of less cruel forms of execution, and the risk of executing innocent people. [42] The Court also stated that “[r]etribution has no place in a civilized society, and negates the modern concepts of penology.” [43] The decision did not touch on the mandatory nature of capital punishment for murder, but it sentenced the two defendants in this case to life imprisonment instead of the mandatory death penalty. [44]

A year later, the Court of Appeal of Tanzania (the country’s highest appellate court) overturned the High Court’s finding of unconstitutionality. [45] The Court of Appeal agreed that capital punishment “has elements of torture” [46] and violates the prohibition on inhuman and degrading punishments. [47] It also agreed that hanging, as practiced in Tanzania is an inhuman and degrading method of execution. [48] The Court went on, however, to find that capital punishment is “saved” under the rights-limiting provisions of the Constitution on the grounds that it is not arbitrary (capital defendants benefit from a full trial and appeal), [49] has a legitimate object (protects society from killings through deterrence), [50] and is reasonably necessary. [51]

Other potentially significant cases concerning capital punishment remain pending. In October 2018, the Legal and Human Rights Centre filed a constitutional case at the Tanzanian High Court challenging the constitutionality of the mandatory death penalty. [52] The case remains before the courts.

Where can one locate or access judicial decisions regarding the death penalty?

The Southern African Legal Information Institute offers a database of case law from Tanzania (http://www.saflii.org/content/tanzania-index), but the database is less extensive for Tanzania than for other countries in the region.

The Tanzanian judiciary’s database (http://www.judiciary.go.tz/judgments/pages/published_cases_hc_ca.php) contains judgments of the Court of Appeal and the High Court, but it is not yet comprehensive.

The most recent judicial decisions can be found in the Tanganyika Law Society’s annual report, “Tanganyika Law Society Law Report 2017,” which can be ordered in hard copy from the Law Society’s Secretariat. The Law Society also sells hard copies of prior years of published case law.

Reports on cases up to 2007 can be obtained from Law Africa Publishers (sales@lawafrica.com). The Tanzania Law Reports between 1983 and 1997 can also be purchased from Law Africa Publishers (sales@lawafrica.com). [53]

What is the clemency process?

Tanzania’s Constitution provides that the President has the power to grant a pardon, respite, commutation, or remittal, while the legislature may regulate the clemency process. [54] The Criminal Procedure Act provides that once a sentence of death has been upheld on appeal (or after the sentence has not been appealed), the trial judge or magistrate must forward to the President a report of the case and evidence containing observations and recommendations. [55] The President will then determine whether to issue a death warrant, commute the sentence, or pardon the offender. [56]

The President of Zanzibar has the power to grant pardons, suspensions, or commutations under the Zanzibar Constitution. [57] In addition, the President receives clemency advice from the Presidential Advisory Committee, composed of the Attorney General and three to five other members appointed by the President and at least one Minister and one doctor qualified in Zanzibar. [58]

Are jury trials provided for defendants charged with capital offenses?

No. Criminal trial are conducted with the aid of assessors, [59] a group of lay people “of good morals” who are between the ages of 21–60 years old. [60] Unlike a jury, the role of assessors is limited to expressing opinions about the case and asking questions of fact to the judge. [61] The judge is not bound by the opinions of the assessors. [62]

Brief Description of Appellate Process

Death sentences may be appealed to the Court of Appeal of Tanzania, the highest appellate court in the country on any ground of appeal. [63] The High Court may extend the deadline for filing notice of intention to appeal as long as the warrant for execution of a death sentence has not been issued. [64]

In Zanzibar, capital cases are tried by the High Court of Zanzibar, though they are appealed to the Court of Appeal, which exercises jurisdiction over both Tanzania and Zanzibar. [65] The trial court must inform any person sentenced to death about their right to appeal. [66] The Court of Appeal travels to Zanzibar about once per year to hold appellate hearings. [67]

Military tribunals try only military personnel who may appeal to the Court-Martial Appeal Court against the finding or against the legality of the sentence. [68] In appeals against the severity of sentence, people may appeal to the Minister of Defence and other military authorities as prescribed in Defence Forces Regulations. [69]

References

[1] The Constitution of the United Republic of Tanzania, art. 14, Apr. 26, 1977, as updated through to 2005.
[2] Mbushuu alias Dominic Mnyaroje and Another v. Republic, p. 108, Criminal Appeal No. 142 of 1994, Ct. of Appeal of Tanzania, Jan. 30, 1995.
[3] The Constitution of Zanzibar, arts. 13(1)–(2), Oct. 9, 1984, as updated through to Oct. 19, 2016.
[4] The Constitution of Zanzibar, art. 13(3), Oct. 9, 1984, as updated through to Oct. 19, 2016.
[5] The Constitution of the United Republic of Tanzania, art. 9(f), Apr. 26, 1977, as updated through to 2005.
[6] Aniceth Gaitan & Bernhard Kuschnik, Tanzania’s death penalty debate: An epilogue on Republic v. Mbushuu, p. 467, African Human Rights Law Journal, Vol. 9 No. 2, 2009.
[7] The Constitution of Zanzibar, art. 10(9), Oct. 9, 1984, as updated through to Oct. 19, 2016.
[8] Amnesty Intl., Tanzania: executions / fear of further executions, AFR 56/002/1994, Nov. 30, 1994. Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2016, p. 13, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2016, 2017.
[9] Thalia Gerzso, Tanzania: President Magufuli declares his position against the death penalty, http://www.worldcoalition.org/Tanzania-President-Magufuli-declares-his-position-against-the-death-penalty.html, Sep. 20, 2017.
[10] John Namkwahe, Magufuli grants residential amnesty to 61 death row inmates, The Citizen, http://www.thecitizen.co.tz/News/Magufuli-grants-presidential-amnesty-to-61-death-row-inmates-/1840340-4221150-x6ea2c/index.html, Dec. 9, 2017.
[11] Amnesty Intl., Death Sentences and Executions in 2017, p. 35, ACT 50/7955/2018, Apr. 12, 2018.
[12] Amnesty Intl., Death Sentences and Executions in 2016, p. 5, ACT 50/5740/2017, Apr. 11, 2017.
[13] Amnesty Intl., Death Sentences and Executions in 2015, p. 7, ACT 50/3487/2016, Apr. 6, 2016.
[14] Amnesty Intl., Death Sentences and Executions in 2014, p. 61, ACT 50/001/2015, Mar. 31, 2015.
[15] Amnesty Intl., Death Sentences and Executions in 2013, p. 47, ACT 50/001/2014, Mar. 27, 2014.
[16] Amnesty Intl., Death Sentences and Executions in 2012, p. 46, ACT 50/001/2013, Apr. 10, 2013.
[17] Amnesty Intl., Death Sentences and Executions in 2011, p. 53, ACT 50/001/2012, Mar. 27, 2012.
[18] Amnesty Intl., Death Sentences and Executions in 2010, p. 34, ACT 50/001/2011, Mar. 28, 2011.
[19] Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, p. 29, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018.
[20] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[21] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[22] Amnesty Intl., Death Sentences and Executions in 2011, p. 53, ACT 50/001/2012, Mar. 27, 2012.
[23] Rose Mwalongo, Chikawe recommends striking out death penalty in new constitution, IPP Media, http://www.ippmedia.com/frontend/index.php?l=59172%20, Sep. 11, 2013.
[24] Amnesty Intl., Death Sentences and Executions in 2013, p. 48, ACT 50/001/2014, Mar. 27, 2014.
[25] Deus Kimbamba, Tanzania: How verdict on Bageni jump-started the Katiba debate, The Citizen, Sep. 21, 2016.
[26] Legal and Human Rights Centre, Tanzania Human Rights Report 2008: Progress through Human Rights, p. xv, http://www.zlsc.or.tz/documents/Tanzania_Human_Rights_Report_2008.pdf, Apr. 2009. Legal and Human Rights Centre, Tanzania Human Rights Report 2009: Incorporating Specific Part on Zanzibar, p. 14, http://www.zlsc.or.tz/documents/Tanzania_Human_Rights_Report_2009.pdf, Apr. 2010.
[27] Lydia Shekighenda, Bunge committee touts review of death penalty, The Daily News, https://www.dailynews.co.tz/news/bunge-committee-touts-review-of-death-penalty.aspx, Apr. 2, 2017.
[28] U.N.G.A. Human Rights Council, National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1: United Republic of Tanzania, para. 17, U.N. Doc. A/HRC/WG.6/12/TZA/1, Jul. 19, 2011.
[29] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2011, pp. 16–17, http://www.zlsc.or.tz/documents/Tanzania_Human_Rights_Report_2011.pdf, 2012.
[30] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2016, p. 215, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2016, 2017. Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, p. 24, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018.
[31] Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, p. 26, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018.
[32] Legal and Human Rights Centre, 15th World Day Against the Death Penalty: Tanzania should declare the state of moratorium, http://www.humanrights.or.tz/posts/b/news/15th-world-day-against-the-death-penalty-tanzania-should-declare-the-state-of-moratorium, Oct. 12, 2017.
[33] U.N.G.A. Human Rights Council, National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1: United Republic of Tanzania, para. 17, U.N. Doc. A/HRC/WG.6/12/TZA/1, Jul. 19, 2011.
[34] Thalia Gerzso, Tanzania: President Magufuli declares his position against the death penalty, http://www.worldcoalition.org/Tanzania-President-Magufuli-declares-his-position-against-the-death-penalty.html, Sep. 20, 2017.
[35] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, pp. 148–9, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[36] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, pp. 155–158, 160–163, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[37] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, p. 156, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[38] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, p. 156, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[39] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, pp. 164–165, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[40] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, pp. 168–170, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[41] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, pp. 165–166, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[42] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, pp. 165–166, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[43] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, pp. 168, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[44] Mbushuu alias Dominic Mnyaroje and Another v. Republic, p. 97, Criminal Appeal No. 142 of 1994, Ct. of Appeal of Tanzania, Jan. 30, 1995.
[45] Mbushuu alias Dominic Mnyaroje and Another v. Republic, p. 118, Criminal Appeal No. 142 of 1994, Ct. of Appeal of Tanzania, Jan. 30, 1995.
[46] Mbushuu alias Dominic Mnyaroje and Another v. Republic, p. 111, Criminal Appeal No. 142 of 1994, Ct. of Appeal of Tanzania, Jan. 30, 1995.
[47] Mbushuu alias Dominic Mnyaroje and Another v. Republic, p. 112, Criminal Appeal No. 142 of 1994, Ct. of Appeal of Tanzania, Jan. 30, 1995.
[48] Mbushuu alias Dominic Mnyaroje and Another v. Republic, p. 112, Criminal Appeal No. 142 of 1994, Ct. of Appeal of Tanzania, Jan. 30, 1995.
[49] Mbushuu alias Dominic Mnyaroje and Another v. Republic, p. 117, Criminal Appeal No. 142 of 1994, Ct. of Appeal of Tanzania, Jan. 30, 1995.
[50] Mbushuu alias Dominic Mnyaroje and Another v. Republic, p. 115, Criminal Appeal No. 142 of 1994, Ct. of Appeal of Tanzania, Jan. 30, 1995.
[51] Mbushuu alias Dominic Mnyaroje and Another v. Republic, pp. 117, Criminal Appeal No. 142 of 1994, Ct. of Appeal of Tanzania, Jan. 30, 1995.
[52] Jebra Kambole v. Attorney General, Misc. Civil Appeal No. 22 of 2018, High Ct. of Tanzania, Oct. 10, 2018.
[53] Christabel Manning & Seka Kasera, Update: Guide to Tanzanian Legal System and Legal Research, GlobaLex, http://www.nyulawglobal.org/globalex/Tanzania1.htm, Jul/Aug. 2016.
[54] The Constitution of the United Republic of Tanzania, art. 45, Apr. 26, 1977, as updated through to 2005.
[55] Criminal Procedure Act of Tanzania, art. 325(1), Act No. 9 of 1985, Apr. 19, 1985 as updated through to Jun. 3, 2011.
[56] Criminal Procedure Act of Tanzania, art. 325(3), Act No. 9 of 1985, Apr. 19, 1985, as updated through to Jun. 3, 2011.
[57] The Constitution of Zanzibar, arts. 59–60, 2006, as updated through to Oct. 19, 2016.
[58] The Constitution of Zanzibar, arts. 59–60, 2006, as updated through to Oct. 19, 2016.
[59] Criminal Procedure Act of Tanzania, sec. 265, Act No. 9 of 1985, Apr. 19, 1985, as updated through to Jun. 3, 2011.
[60] Criminal Procedure Act of Tanzania, sec. 266, Act No. 9 of 1985, Apr. 19, 1985, as updated through to Jun. 3, 2011.
[61] Criminal Procedure Act of Tanzania, sec. 298(1), Act No. 9 of 1985, Apr. 19, 1985, as updated through to Jun. 3, 2011.
[62] Criminal Procedure Act of Tanzania, sec. 298(2), Act No. 9 of 1985, Apr. 19, 1985, as updated through to Jun. 3, 2011.
[63] Criminal Procedure Act of Tanzania, art. 175, Act No. 9 of 1985, Apr. 19, 1985, as updated through to Jun. 3, 2011. Appellate Jurisdiction Act of Tanzania, art. 6(1)(a), Act No. 15 of 1979, Sep. 1, 1979, as updated through to 2002.
[64] Appellate Jurisdiction Act of Tanzania, art. 11, Act No. 15 of 1979, Sep. 1, 1979, as updated through to 2002.
[65] Appellate Jurisdiction Act of Tanzania, art. 6, Act No. 15 of 1979, Sep. 1, 1979, as updated through to 2002.
[66] Zanzibar Criminal Procedure Act, sec. 296, Act No. 7 of 2018, Mar. 21, 2018.
[67] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[68] National Defence Act of Tanzania, sec. C.143(1)(a), Act No. 24 of 1966, Mar. 5, 1966.
[69] National Defence Act of Tanzania, secs. C.131, C.143(1)(b), C.145, Act No. 24 of 1966, Mar. 5, 1966.

Death Penalty In Practice

Where Are Death-Sentenced Prisoners incarcerated?

The Tanzania Prisons Services does not provide access to statistics on death row inmates. [1] Information from organizations and individuals working with death-sentenced prisoners indicates that they are held in many prisons around the country, including in Arusha, Dar es Salaam, Dodoma, Lindi, Mbeya, Mtwara, Mwanza, Tabora, and Tanga for men, and Dodoma, Mwanza, and Shinyanga for women. [2]

Prisoners under sentence of death are held separately from other prisoners. [3]

Description of Prison Conditions

The Tanzania Prisons Services typically does not provide access to information about conditions of confinement for death row inmates and over the past few years it has been increasingly difficult for civil society to access prisons and monitor conditions. [4] Nevertheless, according to the Legal and Human Rights Centre, death row conditions in Tanzania do not meet international human rights standards. [5] The life of death row inmates is different from that of other prisoners. Death row prisoners are not allowed to interact with the non-death-sentenced prisoners, and they have a different uniform (usually blue) to distinguish them from other prisoners. [6]

Overcrowding is endemic in Tanzanian prisons, and this overcrowding affects death row prisoners. [7] Death row prison cells are designed by law to house one prisoner, small enough that a person can touch both walls with his arms outstretched. [8] Nevertheless, sometimes death row cells hold three inmates instead of the one inmate required by law. [9] They have small single beds on which they are forced to sleep at least two people per bed despite the fact that some of the inmates suffer from skin conditions and other contagious illnesses. [10] Prisoners on death row have reported that all their clothes were taken away at night and returned in the morning, presumably to humiliate them. [11] The light in the cell is never turned off. [12]

Prisoners do not have access to adequate food, visits, or ventilation. [13] While death row inmates are served the same food as the other inmates, it is completely lacking in nutrition or variety. While the non-death-sentenced inmates are allowed to have their family bring food for them during the mornings (visitation time), the same does not apply for death row inmates. [14] Death row inmates are not allowed regular visitation except from counsel. [15] There are no specific rules guiding visitation rights in prisons; therefore, different prisons have different visitation rules. Prisoners have reported being limited to one visit per month, per year, or entirely prohibited visitation. [16] This decision is left to the discretion of officers or government officials, and is therefore made arbitrarily, based on the inclination of the deciding officer. [17]

In 1994, the High Court of Tanzania noted that the delay between the initial sentence of death and the execution often lasted over 4 years and in some cases exceeded 10 years. [18] Today, many have spent decades on death row. [19] Prisoners live in agony and despair, not knowing when they will be executed. [20] In the past, some prison guards reportedly taunted death row prisoners about their impending executions, recounting stories of executions that went wrong. [21] Prisoners riot in frustration when their demands are not met, putting the lives of the guards and other prisoners in danger. [22]

Record keeping in prisons is generally inadequate. Even though prisoners may file complaints to judicial authorities, the letters are reportedly censored. Prisoners can submit complaints to the Commission for Human Rights and Good Governance, which serves as the official ombudsman. [23]

Are there any known foreign nationals currently under sentence of death?

Yes. As of September 2018, there were at least there Burundians, [24] one Ivorian, and one person from the Democratic Republic of Congo on death row. [25] At the end of 2014, Amnesty reported that there were also four Kenyans and one Indian on death row. We have not been able to confirm these reports, but it is likely there are more foreign nationals than we have been able to document.

What are the nationalities of the known foreign nationals on death row?

At the end of 2014, foreign nationals on death row included four Kenyans and one Indian. [26] As of September 2018, there were at least three Burundians, [27] one Ivorian, and one person from the Democratic Republic of Congo on death row. [28]

Are there any known women currently under sentence of death?

In June of 2017, there were at least 20 women on death row in mainland Tanzania. [29] As of October 2018, no women were on death row in Zanzibar, though there are four women on remand awaiting trial on murder charges who could be subject to the death penalty. [30]

Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?

We found no reports of individuals under sentence of death for crimes committed while under the age of 18. Amnesty International reports that there have been no known executions of juveniles in Tanzania since 1990, when it started keeping records. [31]

Comments regarding the racial/ethnic composition on death row

We did not find any information on the racial or ethnic composition of death row.

Are there lawyers available for indigent defendants facing capital trials?

In 2017, Tanzania’s Parliament repealed the Legal Aid (Criminal Proceedings) Act and enacted the Legal Aid Act, 2017. The Act mandates the provision of legal counsel to indigent defendants in “any criminal proceedings” where “it appears to the presiding judge or magistrate that: (a) in the interests of the justice an accused person should have legal aid in the preparation and conduct of his defence or appeal as the case may be; and (b) his means are insufficient to enable him to obtain legal services.” [32]

Tanzania, however, does not have a state-funded legal aid institution. Instead, the Registrar of the High Court is responsible for appointing counsel from the membership of the Tanzanian Bar to represent indigent clients. [33] Appointed lawyers are chosen based solely on availability, generally with no consideration given to counsel’s experience working on capital cases or years of legal experience. [34] Moreover, appointed counsel are provided with a very small stipend—approximately USD$30—and even that is only received after the conclusion of trial. [35] As a result, counsel for indigent clients are seldom able to make even basic investigations in their cases, and this fact, combined with lack of experience, leads to very low quality of representation for indigent persons. [36]

Zanzibar’s Criminal Procedure Act mandates that “in any trial involving a capital punishment . . . where it appears to the High Court that the accused has not sufficient means to engage an advocate, the Court may assign an advocate for his or her defence at the expense of the State.” [37] Though the wording of the statute, including the word “may” make the provision appear to be permissive, in practice all those facing capital charges are guaranteed representation by an advocate appointed by the state. [38]

Are there lawyers available for indigent prisoners on appeal?

The Legal Aid Act 2017 explicitly includes appeals in the provision of legal aid. It mandates the provision of legal counsel to indigent defendants in “any criminal proceedings” where “it appears to the presiding judge or magistrate that: (a) in the interests of the justice an accused person should have legal aid in the preparation and conduct of his defence or appeal as the case may be; and (b) his means are insufficient to enable him to obtain legal services.” [39]

Comments on Quality of Legal Representation

Although Tanzania provides the right to legal counsel, and despite the passage of the Legal Aid Act of 2017 and efforts by lawyers and non-governmental organizations to improve access to justice, Tanzania still faces significant challenges in this area, including shortage of advocates (only one advocate per 7,800 people), delays in investigation, and limited access to legal aid for indigent persons. [40] There is no state-funded legal aid; thus, charitable legal providers such as the Legal and Human Rights Centre bear the burden of providing a significant portion of legal aid. [41] Moreover, lack of resources, and the fact that most legal aid providers are found in urban areas, [42] often prevents legal aid providers from reaching remote areas—a particular problem in a country as large as Tanzania. [43] Because of the shortage of lawyers providing legal aid in Tanzania, legal aid lawyers tend to handle a wide variety of matters and are unable to adequately specialize in capital defense work. [44] Nevertheless, according to the Legal and Human Rights Centre, the recently enacted Legal Aid Act 2017 will contribute to enhancing the quality of the legal aid provided in Tanzania. [45]

In Zanzibar, the Government has not implemented substantial measures to guarantee the provision of legal aid. Instead, a few non-governmental organizations, like the Zanzibar Legal Services Centre, are in charge of providing legal aid to poor, marginalized, and vulnerable people. Zanzibar also lacks advocates: [46] it has approximately 90 practicing advocates. [47]

Other Comments on Criminal Justice System

According to the Legal and Human Rights Centre, the current judicial appointment structure jeopardizes the branch’s independence, as judges are political appointees of the President without approval from the National Assembly. [48] Judicial personnel are overworked, facilities are inadequate, and the judiciary lacks resources, which results in lack of capacity to deliver high quality and timely justice. [49] Moreover, although Tanzania has more than 3,000 wards, less than one third (976) have primary courts, which is particularly problematic for those who live in rural areas. [50] Tanzania has one advocate for every 7,800 people. [51]

Poor court infrastructure, a shortage of judges, and the lack of independence of the judiciary are also problems affecting Zanzibar’s legal system. [52] Politics influence the appointment of judges and judicial officers are reportedly corrupt. [53] Moreover, according to the Zanzibar Legal Services Centre, Zanzibar’s justice system is “almost collapsed.” [54]

References

[1] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2016, pp. 16, 50, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2016, 2017.
[2] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[3] Prisons Act of Tanzania, art. 71, Act No. 34 of 1967, Aug. 9, 1967, as updated through to 1968.
[4] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2016, p. 16, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2016, 2017.
[5] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2012, p. 20, http://www.zlsc.or.tz/documents/Tanzania_Human_Rights_Report_2012.pdf, 2013.
[6] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[7] Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, p. 173, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018.
[8] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, p. 155, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[9] Rose Athumani, Daily News, Death row inmates keep increasing, https://www.dailynews.co.tz/news/death-row-inmates-keep-increasing.aspx, Apr. 2, 2014.
[10] Anita Kyaruzi, affiliated with PALU, Interview with DPW, DPW Tanzania Doc. E-2, Sep. 10, 2018.
[11] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, p. 155, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[12] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, p. 155, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[13] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2012, p. 20, http://www.zlsc.or.tz/documents/Tanzania_Human_Rights_Report_2012.pdf, 2013.
[14] Anita Kyaruzi, affiliated with PALU, Interview with DPW, DPW Tanzania Doc. E-2, Sep. 10, 2018.
[15] Anita Kyaruzi, affiliated with PALU, Interview with DPW, DPW Tanzania Doc. E-2, Sep. 10, 2018.
[16] Anita Kyaruzi, affiliated with PALU, Interview with DPW, DPW Tanzania Doc. E-2, Sep. 10, 2018.
[17] Anita Kyaruzi, affiliated with PALU, Interview with DPW, DPW Tanzania Doc. E-2, Sep. 10, 2018.
[18] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, pp. 155, 162, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[19] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[20] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[21] Republic v. Mbushuu alias Dominic Mnyaroje and Kalai Sangula, p. 155, Criminal Sessions Case No. 44 of 1991, High Ct. of Tanzania, Jun. 22, 1994.
[22] Rose Athumani, Death row inmates keep increasing, Daily News, https://www.dailynews.co.tz/news/death-row-inmates-keep-increasing.aspx, Apr. 2, 2014.
[23] The Constitution of the United Republic of Tanzania, art. 130, Apr. 26, 1977, as updated through to 2005. The Commission for Human Rights and Good Governance Act of Tanzania, sec. 6(1)(h), Act No. 7 of 2011, May 2, 2011.
[24] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[25] Anita Kyaruzi, affiliated with PALU, Interview with DPW, DPW Tanzania Doc. E-2, Sep. 10, 2018.
[26] Amnesty Intl., Death Sentences and Executions in 2014, p. 61, ACT 50/001/2015, Mar. 31, 2015.
[27] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[28] Anita Kyaruzi, affiliated with PALU, Interview with DPW, DPW Tanzania Doc. E-2, Sep. 10, 2018.
[29] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Bi-Annual Tanzania Human Rights Report 2017, p. 6, http://www.humanrights.or.tz/reports/bi-annual-tanzania-human-rights-report-2017, Jul. 31, 2017.
[30] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[31] Amnesty Intl., Executions of Juveniles since 1990 as of December 2018, ACT 50/9511/2018, Dec. 4, 2018.
[32] Legal Aid Act of Tanzania, sec. 33, Act No. 1 of 2017, Feb. 21, 2017.
[33] Anita Kyaruzi, affiliated with PALU, Interview with DPW, DPW Tanzania Doc. E-2, Sep. 10, 2018.
[34] Anita Kyaruzi, affiliated with PALU, Interview with DPW, DPW Tanzania Doc. E-2, Sep. 10, 2018.
[35] Anita Kyaruzi, affiliated with PALU, Interview with DPW, DPW Tanzania Doc. E-2, Sep. 10, 2018.
[36] Anita Kyaruzi, affiliated with PALU, Interview with DPW, DPW Tanzania Doc. E-2, Sep. 10, 2018.
[37] Zanzibar Criminal Procedure Act, sec. 199, Act No. 7 of 2018, Mar. 21, 2018.
[38] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[39] Legal Aid Act of Tanzania, sec. 33(1)(a), Act No. 1 of 2017, Feb. 21, 2017.
[40] Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, pp. 45–46, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018.
[41] Katie Campbell, affiliated with Reprieve, Email to DPW, DPW Tanzania Doc. E-1, Aug. 30, 2018.
[42] Tanzania Network of Legal Aid Providers, Tanzania Legal Aid Report 2017, p. 18, http://www.tanlap.or.tz/sites/default/files/ILAG_2017_National_Report_-_Tanzania_-_Ms_Christina_Kamili.pdf, 2017.
[43] Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, p. 48, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018..
[44] Jebra Kambole, affiliated with Law Guards Advocates, interviewed by DPW, INT-1, Jun. 19, 2017.
[45] Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, p. 49, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018.
[46] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2016, p. 226, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2016, 2017.
[47] Omar Said, affiliated with Zanzibar Law Society, email to DPW, DPW Tanzania doc. E-3, Dec. 5, 2018.
[48] Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, p. 10, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018.
[49] Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, p. 46, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018.
[50] Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, p. 46, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018.
[51] Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, p. 46, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018.
[52] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2016, pp. 222–225, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2016, 2017.
[53] Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2016, p. 341, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2016, 2017.
[54] Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, p. 212, https://www.humanrights.or.tz/assets/attachments/1524659401.pdf, Apr. 2018.

Decisions of International Human Rights Bodies

Decisions of Human Rights Committee

In its 2009 concluding observations on Tanzania, the Human Rights Committee noted the de facto moratorium on the death penalty in place since 1994 but expressed concern about the large number of individuals on death row and the continued imposition of death sentences. [1] The Committee regretted the “lack of sufficient information on the length of time that convicted persons have spent on death row, their treatment in detention, and the procedures in place for the commutation of death sentences in light of the moratorium.” [2] The Committee recommended that Tanzania commute all death sentences, assure that prisoners do not face mistreatment, and consider abolishing the death penalty and becoming a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights. [3] As of December 2018, Tanzania has not submitted a new periodic report. [4]

Decisions of Other Human Rights Bodies

At Tanzania’s 2016 Universal Periodic Review, the Human Rights Council recommended that Tanzania ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, declare an official moratorium on executions, and abolish the death penalty. [5] Tanzania responded that “measures, including mandatory representation and fair trial guarantees, were in place to protect the rights of suspects charged with capital offences. Convicts also had the right to appeal decisions. No position could be offered on the issue of a moratorium on the death penalty, as that was a policy issue.” [6]

References

[1] U.N. Human Rights Committee, Consideration of reports submitted by States parties under article 40 of the Covenant. Concluding observations of the Human Rights Committee: United Republic of Tanzania, para. 14, U.N. Doc. CCPR/C/TZA/CO/4, Aug. 6, 2009.
[2] U.N. Human Rights Committee, Consideration of reports submitted by States parties under article 40 of the Covenant. Concluding observations of the Human Rights Committee: United Republic of Tanzania, para. 14, U.N. Doc. CCPR/C/TZA/CO/4, Aug. 6, 2009.
[3] U.N. Human Rights Committee, Consideration of reports submitted by States parties under article 40 of the Covenant. Concluding observations of the Human Rights Committee: United Republic of Tanzania, paras. 4, 14, U.N. Doc. CCPR/C/TZA/CO/4, Aug. 6, 2009.
[4] U.N.G.A. Human Rights Council, Reporting Status for United Republic of Tanzania, https://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/countries.aspx?CountryCode=TZA&Lang=EN, last accessed Dec. 14, 2018.
[5] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review: United Republic of Tanzania, paras. 137.26–137.32, 137.54–137.62, U.N. Doc. A/HRC/33/12, Jul. 14, 2016.
[6] U.N.G.A. Human Rights Council, Report of the Working Group on the Universal Periodic Review: United Republic of Tanzania, para. 77, U.N. Doc. A/HRC/33/12, Jul. 14, 2016.

Additional Sources and Contacts

Direct member(s) of World Coalition Against the Death Penalty

Legal and Human Rights Centre (LHRC)
Ms. Helen Kijo-Bisimba, Executive Director
Mr. Harold Sungusia, Director of Advocacy and Reforms
P. O. Box 75254
Justice Lugakingira House, Kijitonyama
Dar Es Salaam, Tanzania
Tel: +255 22 2773038
Fax: +255 22 2773037
lhrc@humanrights.or.tz
http://www.humanrights.or.tz

Children Education Society (CHESO)
Mr. Richard Shilamba Executive Director/Lawyer
Vikunai Street, Plot No. 1003, Tuangoma Ward, Temeke District
PO Box 713
Dar Es Salaam, Tanzania
Tel: +255 732 992164 chesociety@yahoo.com

Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty

Tanganyika Law Society
TLS Building – Plot No. 391
Chato Street
P.O. Box 2148
Dar es Salaam, Tanzania
Tel: +255 22 277 5313
http://www.tls.or.tz/

Commission for Human Rights and Good Governance (CHRAGG)
Plot No. 8, Luthuli Street (Haki House)
P.O. Box 2643
Dar es Salaam, Tanzania
Tel: +255 22 2135747/8
Fax: +255 22 2111533, 2111281
chragg@chragg.go.tz
http://www.chragg.go.tz

Tanzania Network of Legal Aid Providers (TANLAP)
Biafra/Kanisani, Bwawani Street
Plot No. 434/42, Along Kawawa Road Kinondoni
P.O. Box 33856
Dar es Salaam, Tanzania.
Tel: +255 22 2761806
info@tanlap.or.tz
http://www.tanlap.or.tz/

Zanzibar Legal Services Centre (ZLSC)
House No.413, Kijangwani
Zanzibar, Tanzania
Tel:+225 24 2233784
Fax: +255 24 2234495
Mobile: +225 777 844 544
info@zlsc.or.tz
http://www.zlsc.or.tz/

Helpful Reports and Publications

Aniceth Gaitan & Bernhard Kuschnik, Tanzania’s death penalty debate: An epilogue on Republic v Mbushuu, African Human Rights Law Journal, Vol. 9 No. 2, 2009.

Legal and Human Rights Centre & Zanzibar Legal Services Centre, ‘Unknown Assailants’: A Threat to Human Rights. Tanzania Human Rights Report 2017, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2017, Apr. 2018.

Legal and Human Rights Centre & Zanzibar Legal Services Centre, Tanzania Human Rights Report 2016, http://www.humanrights.or.tz/reports/tanzania-human-rights-report-2016, 2017.

Additional notes regarding this country

None.

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