Judge Othman's Commission on criminal justice reforms presents its report to President Samia

Dar es Salaam. The team formed by President Samia Suluhu Hassan last year to assess the performance of criminal justice institutions in the country has today, Saturday, July 15, 2023, submitted its report, which contains 13 recommendations that, if implemented, will bolster access to justice for Tanzanians.

The Commission, chaired by former Chief Justice Mohammed Chande Othman, has 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.

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).

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."

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

She said, for example, that the Director of Public Prosecutions (DPP) can withdraw cases after receiving orders from 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.