Police criticised after attempt to take Lissu urine samples

 Lawyers have criticised the police for intending to take blood sample from the Tanganyika Law Society (TLS) President, Mr Tundu Lissu, arguing that incitement and soliciting charges he faces do not warrant urine tests.

Speaking to The Citizen yesterday, some lawyers accused the police of misusing their powers by arresting and forcing Mr Lissu to take urine tests.

They said the right to undergo urine tests is limited to a few offences when someone is investigated by the police. According to them, the right was restricted to a few environments whose scenarios are stipulated by the law.

A law lecturer at the University of Dar es Salaam (UDSM), Dr James Jesse said the police are allowed to take some urine samples when they are investigating someone who is accused of using narcotic drugs.

He said the right is provided by the Narcotic Drug Control and Enforcement Act 2015. “Under the Drug Control Act 2015 police can ask for a permit from the government chemist to test urine samples of a person they are suspecting of being involved in drug use,” said Dr Jesse.

He added: “As a lawyer, I think someone who is facing seditious charges he/she has the right to refuse to let his/her urine samples to be tested.”

Another Act, which allows authorities, who include the police to force someone to take urine tests, is the Human DNA Act of 2009, according to Mr Hudson Ndusyepo, an independent lawyer.

“Citizens have the right to refuse to undergo urine tests if they are charged with offences that don’t warrant such tests; Mr Lissu was arrested for incitement and soliciting, so he was right to refuse the tests,” Mr Ndusyepo said.

Section 25 (1) (a) of the Human DNA Act of 2009 allows a police officer of or above the rank of inspector to seek analysis of sample for Human DNA by writing an application to the Human DNA Laboratory of the Government Chemist Laboratory Agency or designated laboratories.

The same was echoed by Mr Benedict Ishabakaki, a human rights lawyer who said that since the police had already told Mr Lissu that he was arrested for incitement and soliciting they have no mandate to change the charges.

“The laws require the police to reveal the charges against the suspect within 24 hours of his/her arrest and since Mr Lissu has been locked for over three days they can’t change the charges,” said Mr Ishabakaki.

Meanwhile, three regional law associations on Saturday expressed their concerns over Mr Lissu, saying in a statement that they have observed with considerable concern the recent developments in the United Republic of Tanzania.

Mr Lissu, who is also the Chadema chief lawyer and Singida East MP, was arrested on Thursday at the Julius Nyerere International Airport (JNIA) when travelling to Kigali, Rwanda where he was expected to attend the East African Law Society (EALS) summit. He is since then being detained by the police.

The statement was signed by EALS President Mr Richard Mugisha, the South African Development Community Law Association (SADC-LA) President, James Banda and the Pan African Lawyers Union (PALU) President, Mr Elijah Banda.

In the statement, the three presidents say they understood the government’s obligation to ensure laws are observed in the country including the right to investigate, arrest and detain crime suspects, arguing that in the process of doing so, the country and international laws should be followed.

The regional law associations plan to make arrangements to defend Mr Lissu when he would finally be sent to court.

Mr Lissu, who has been critical of President John Magufuli’s administration, also faces other seditious charges at the Kisutu resident magistrate.