Tanzania: Follow-up to TZA34943.E of 25 August 2000 on the relationship between the police forces on Zanzibar and the mainland, TZA34946.E of 25 August 2000 on whether arrest warrants issued in Zanzibar are enforceable on the mainland, and TZA34946.E of 25 August 2000 on whether police on Mainland Tanzania apprehend CUF supporters for whom warrants have been issued in Zanzibar
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 30 October 2000 |
| Citation / Document Symbol | TZA34941.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Tanzania: Follow-up to TZA34943.E of 25 August 2000 on the relationship between the police forces on Zanzibar and the mainland, TZA34946.E of 25 August 2000 on whether arrest warrants issued in Zanzibar are enforceable on the mainland, and TZA34946.E of 25 August 2000 on whether police on Mainland Tanzania apprehend CUF supporters for whom warrants have been issued in Zanzibar, 30 October 2000, TZA34941.E, available at: https://www.refworld.org/docid/3df4beb74.html [accessed 5 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
In correspondence dated 25 October 2000, the Commissioner of Police, Operations and Training, Police Headquarters, Dar es Salaam, wrote the following regarding police procedures in the United Republic of Tanzania:
The United Republic of Tanzania has only one Police Force. It is commanded by the Inspector General of Police. It is a national Police Force exercising pan territorial powers throughout the two components of the United Republic that is Mainland Tanzania and Tanzania Zanzibar. The Inspector General of Police, the national Police Chief, is responsible for the general command and superintendence of the national Police Force. In this he is assisted by four Police Commissioners. Three of the Commissioners are responsible for the departments of Administration and Finance, Operations and Training, and Criminal Investigation respectively while the fourth Commissioner heads the part of the Police Force Deployed in Tanzania Zanzibar ...
According to the Commissioner, communication between the mainland and Zanzibar is "smooth" and achieved through telephone, telefax and a dedicated radio-network (ibid.). The Commissioner noted that orders from the Inspector General are "communicated to all parts of the United Republic which includes Zanzibar by the fastest means possible using the existing communication system" (ibid.).
Regarding arrest warrants, the Commissioner wrote,
The issuing of Warrants of Arrest is a judicial matter. The United Republic of Tanzania has essentially a three tier court system comprising the District/Resident Magistrate's Court, the High Court and the Court of Appeal of the United Republic of Tanzania.
As such, appeals [from both] the High Court of Zanzibar and the High Court for Mainland Tanzania [are heard at] the Court of Appeal of the United Republic.
In relation to Warrants of Arrest, therefore, there is uniformity of action. Warrants issued on Mainland Tanzania may be executed in Tanzania Zanzibar and similarly warrants issued in Tanzania Zanzibar, may be executed on Mainland Tanzania provided the attendant legal formalities related to endorsement by a Court with local jurisdiction are complied with (ibid). ...
Persons on Mainland Tanzania against whom warrants of arrest have been issued by a competent court of Zanzibar may be sought and arrested on Mainland Tanzania by a police officer based in Zanzibar or a police officer based on Mainland Tanzania, whichever mode happens to be more convenient or cost effective (ibid.).
This information is corroborated in correspondence received from a lawyer in private practice in Dar es Salaam (5 Sept. 2000) and the Executive Director of the Legal and Human Rights Centre, an NGO functioning in Dar es Salaam (29 Aug. 2000).
In correspondence dated 25 August 2000, the Canadian High Commission in Dar es Salaam, wrote in response to a question asking whether Mainland police can apprehend CUF supporters for whom arrest warrants have been issued in Zanzibar, that because police and security matters in Tanzania fall under Union jurisdiction, an individual whose arrest is sought in Zanzibar would not be able to escape legal prosecution by fleeing to the mainland.
While the High Commission notes that the charges brought against the 18 CUF detainees are largely considered to be specious, it cautions that not all arrest warrants issued for CUF supporters are politically motivated (ibid.). Instead, according to the High Commission, "many CUF supporters have been arrested quite legitimately for causing public disturbances" and have also "demonstrated that they are quite as ready as the government to resort to violence in pursuit of their political goals" (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Canadian High Commission, Dar es Salaam. 25 August 2000. Correspondence.
Commissioner of Police, Operations and Training, Police Headquarters, Dar es Salaam. 25 October 2000. Correspondence.
Legal and Human Rights Centre, Dar es Salaam. 29 August 2000. Correspondence from Executive Director.
Lawyer in Private Practice, Mkono and Co., Dar es Salaam. 5 September 2000. Correspondence.
