'Criminal justice system reforms are necessary'

Dar es Salaam. Stakeholders have called upon the government to implement the key recommendations of the presidential commission on criminal justice delivery, whose report was submitted yesterday to President Samia Suluhu Hassan.

The report has revealed the need for deep reforms in the criminal justice delivery institutions to ease access to justice and uphold human rights in the country.

The Commission, chaired by former Chief Justice Mohammed Chande Othman, made 13 recommendations that, if implemented, will bolster access to criminal justice delivery for Tanzanians.

Reacting to the report’s findings, activists, experts on security issues, and academicians said that however good the recommendations are, it is the implementation that counts.

Institutions that were probed by the Judge Othman committee include the Police Force, National Prosecution Services (NPS), Prevention and Combating of Corruption Bureau (PCCB), Tanzania Prisons Services, and Drug Control and Enforcement Authority (DCEA).

Tanzania Human Rights Defenders Coalition (THRDC) national coordinator Onesmo Olengurumwa said the commission’s call for police reform was timely, but the real issue is the implementation of that proposal.

"Despite all these good issues included in the report, the big challenge remains in the implementation,” Mr Olengurumwa noted.

“Many recommendations have been issued by different teams and commissions in the past, but nothing has been done," he added.

The commission’s suggestion to demilitarise the police to make it more amenable to serving the people is commendable and should be immediately implemented, Mr Olengurumwa noted.

An independent consultant on security and intelligence issues, Mr Jesse Mashimi, commended the report, saying it aimed at improving the dispensing of justice in the country.

However, he said more focus should be directed towards checking the abuse of power by high-ranking government officials and leaders. "Problems won’t be solved if the system is not reformed. The prevalence of crimes is an indication of weaknesses in law enforcement," he said.

He said coming up with the new constitution was the only solution to the abuse of power problems.

For his part, University of Dodoma (Udom) lecturer Paul Loisulie said political will was crucial in ensuring that the issued recommendations were worked upon.

"The President should work on her 4Rs; Reconciliation; Resilience; Reforms and Rebuilding for the country to move forward. Fortunately, she has started with building political reconciliation with the main opposition party, Chadema," he said, urging the Head of State to work on the other Rs.

The 12-person team formed by President Hassan last year proposed major reforms in key law enforcement and justice delivery institutions that should include the review of various pieces of legislation and the enactment of new laws.

The commission discovered rampant corruption that denies the poor easy access to justice, long-drawn criminal case investigations and court proceedings, misuse of the rights to bail, as well as abuse of power by Regional and District Commissioners.

Speaking after receiving the report, President Hassan admitted that immediate and sweeping reforms were needed to improve access to criminal justice services for the people.

"I am very grateful to the committee for coming up with this very comprehensive report. These recommendations give law enforcement and security organs an opportunity to evaluate their performance in serving the people, and we will take them seriously," she noted.

President Hassan noted that political leaders should also check their tendency to interfere with the daily performance of criminal justice delivery organs.

She said, for example, that the Director of Public Prosecutions (DPP) can withdraw cases just on the orders of a few powerful individuals, despite the fact that it is in the interest of the republic to proceed with the case.

She said this may happen in tax cases, for example.

"The fact that the DPP is not obliged to state the reasons for dropping cases makes this easier," President Hassan noted.

Judge Othman said that weaknesses exist in areas related to identifying and preventing crime, arresting and taking suspects to police stations, and investigating criminal offences.

"We have found that there is no strategy to identify ways of reducing criminal cases. Enforcement agencies focus more on arrests than prevention of crimes," said Chande.

The commission has also found out that the issue of alternative punishment is not given priority and that the lives of prisoners when they finish their sentences and when they return to citizenship are at risk because many of them return without any skills to help them make ends meet.

The commission proposed the creation of an integrated e-justice system to enable criminal justice institutions to share information because their systems are disjointed. The commission has also proposed the overhaul of training programmes, especially for the police, to tone down militarization and increase professionalism and discipline.

The government has also been urged to adequately fund law enforcement and prosecuting institutions, which suffer from low budgets.

"The commission proposes the establishment of a single centre of excellence for all criminal justice institutions under the Ministry of Constitutional and Legal Affairs to deal with all training needs of these organs," Judge Othman noted.

President Hassan agreed with the commission that Information Technology issues were important in the delivery of criminal justice because they would help the integration of systems and remove many challenges.

President Hassan said she has extended the duration of the commission to ensure that recommendations were worked upon quickly.

"I want this committee to continue; they will be divided into groups depending on their areas of expertise,” she said.

“Each group will focus on the implementation of the recommendations specific to each institution,” President Hassan added.