Honourable
Bahame Tom Nyanduga, the Chairman of the Commission for Human Rights and Good
Governance,
Honourable
Commissioners from the Commission for Human Rights and Good Governance,
Distinguished
representative from the Tanzania Police Force, Prison and Correctional
Facilities,
Sean
Tait, the Director and Representative of APCOF,
Honorable
Executive Secretary of the Commission for Human Rights and Good Governance,
Honourable
Heads of Government Institutions,
Facilitator and Participants to the training,
Ladies and Gentlemen.
Good
morning!
First of all, praised be to Allah, who has given us
opportunity to meet here today in this important training. At the outset, let
me express my sincere appreciation for the honour I have been given to
officiate this important training.
I
would like to thank the Commission for Human Rights and Good Governance in
collaboration with African Policing Civilian Oversight Forum (APCOF) for
committing the limited resources, time and energy for this important training,
so that it may enable our law enforcement officers to perform their functions
of ensuring law and order prevails in a matter that respect human rights.
Distinguished
participants let me also take the opportunity to welcome you all to Zanzibar. I
thank the organizers for deciding this important training to be convened in
Zanzibar involving all important stakeholders to the realization of pre trial
criminal justice in Tanzania Mainland and Zanzibar.
I
have been informed that the Luanda Guideline were adopted by the African
Commission on Human and Peoples Rights which is an African Union Institution. The
adoption of the Luanda Guideline is therefore a homegrown regional development
on the Conditions of Arrest, Police Custody and Pre – Trial Detention in
Africa.
Distinguished
participants, this training is very strategic for strengthening the capacity of
the law enforcement officer on observance, promotion and protection of rights
of person during arrest, under police or prison custody and pre trial detention
in Tanzania and Zanzibar, It will provide participants to this training with
knowledge on Luanda Guidelines and fundamental human rights concepts,
international and regional human rights instruments as linked to the Luanda
Guidelines. We in the Judiciary in Zanzibar, and throughout the world are
guardian to justice, which is founded on fair application of the law,
particularly in the conduct of criminal investigation and trials.
The Luanda Guidelines were adopted by the African Charter
on Human and People Rights (ACHPR) during
its 55th Ordinary Session in 2014. The Guidelines are an
authoritative interpretation of the African Charter on Human and Peoples’
Rights, and they offer specific detail on the measures that, State Parties of
the African Union (AU), including Tanzania, should take to uphold, protect and
promote the rights of people who are
under pre-trial detention. The adoption of the
Luanda Guidelines is only the first step in promoting a rights-based approach
to this critical area of criminal justice system: the success of the Guidelines
will be measured by the extent to which they are adopted and used by State
Parties, including Tanzania.
The
Guideline require the law enforcement officers to safeguard the rights of
person under police or prison custody, to register properly the persons under
the police or prison custody, while considering the physical conditions of
person under police custody and pre – trial detention. This is very critical
stage to safeguard the rights of an individual’s, because it is that stage
before a suspect or accused person is brought before a court of law, where the
court may intervene to ensure his/her rights are safeguarded.
The
Luanda Guideline provides for the need of the law enforcement organs to respect
human rights, observe laws of the land, procedures and regulations stipulated
by the Tanzania Police Force, Tanzania Prison Service and Correctional
Facilities in Zanzibar, in order to avoid human rights violations to the person
during arrest, under police or prison custody and pre – trial detention, which
are protected by the bill of rights as enshrined into the URT Constitution
(1977) and the Zanzibar Constitution of 1984.
Distinguished
participants, the law enforcement officer in Tanzania, experience challenging
situation on issues related to human rights observance, protection and promotion.
The magnitude of human rights violations escalates to extra judicial killings and
torture, denial of bail, medical treatment, unlawful arrests and detention,
misuse of powers and fabrication of cases to innocent people.
This
training is expected to enrich your knowledge on the Luanda Guideline, and strengthen
your ability to promote and protect human rights in the exercise of your
professional responsibilities. Not only that, but also at the end of this
training, you will be able to build a social network among the law enforcement
officers and other stakeholders and gain exposure on various matters related to
administration of criminal justice system in Tanzania.
Therefore I urge you to
make a regular follow up of the knowledge on the Luanda Guideline that you will
acquire during the training and, link it to your daily routine and strive to apply
best practice in order to provide the basis for changing working culture and
practices at your working stations.
It is anticipated that, at the end of this
training, you will gain knowledge and understandings on the issues related to
the Luanda Guideline which promote observance and protection of human
rights in Tanzania, in the cause of implementing your duties of arrest or when
the person is placed in the detention facilities. I expect that, the training
will enhance your performance at your working stations.
Distinguished participants, Having said so what I said, it
is now my pleasure to declare that, the training on Luanda Guideline on the Conditions of Arrest, Police
Custody and Pre – Trial Detention in Africa , is officially opened.
I
wish you all a successful
training and enjoyable stay in Zanzibar.
Thank you for your attention.
22/08/2016
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