Tanzania govt to respond to US, UK concerns over detained journalist

Dar es Salaam. The Minister for Justice and Constitutional Affairs Dr Augustine Mahiga said on Friday August 9 that the Tanzania government would respond to concerns raised by Britain and Unites States over the “steady erosion of due process in the justice system in the country.”

The US Embassy in Tanzania and the British High Commission issued a joint statement, saying, “We are particularly concerned about a recent case — the irregular handling of the arrest, detention, and indictment of investigative journalist Erick Kabendera, including the fact that he was denied access to a lawyer in the early stages of his detention, contrary to the Criminal Procedures Act.”

However, when contacted for comment, Dr Mahiga said currently the Ministry of Foreign Affairs and International Cooperation and the Director of Public Prosecution (DPP) are handling the matter.

The US and UK cited “frequent resort to lengthy pre-trial detentions and shifting charges by the justice system as evidence” for the concerns raised.

Justice and Constitutional Affairs minister told The Citizen that state organs involving the judicial system, police and foreign affairs were still ‘consulting’ over the matter.

“We (the ministry have referred the matter to the ministry of foreign affairs and international cooperation and the DPP office…after that we will sit together and issue a government position with regard to the joint statement,” said Dr Mahiga.

He added, “We understand that the issuance of the joint statement has been triggered by a recent case (of freelance journalist Erick Kabendera).”

Mr Kabendera was arrested about a fortnight ago by the police who claimed he was being investigated over citizenship queries.

Mr Kabendera, through his lawyer, Mr Silinde Swedy, last week filed a case at the Kisutu Resident Magistrate Court in Dar es Salaam to demand his release on bail, following the arrest.

But the state slapped Mr Kabendera with charges of money laundering, tax evasion and leading organized crime, when his lawyer came to the court for the hearing of a bail application earlier this week.

According to the prosecution, on diverse dates between January 2015 and July 2019 in Dar es Salaam, and with other persons not before court knowingly facilitated a criminal racket.

The state further claims that the accused in the second offence failed to pay taxes amounting to Sh173.247 million payable to the Tanzania Revenue Authority.

In the third account the journalist is accused of acquiring Sh173.247 million, while knowing that the said money was the proceeds of a predicate offence namely tax evasion and leading organized crime.

The US and UK urged the Tanzanian government to guarantee due process to each of its citizens, which it has recognized as a basic human right as signatory to multiple UN Human Rights Conventions, among them the International Covenant for Civil and Political Rights.