Tanzania Archives - Carmel Rickard writes...

World Day against the Death Penalty – editorial

11 October 2019
by Carmel Rickard

Our lead story this week is the most extraordinary tale of one man’s devotion to judicial independence. It is about a judge in Thailand who decided on death rather than dishonouring his oath of office. But, like the two other stories, it is also about the death penalty.

Judge Khanakorn Pianchana had found he should acquit the accused on trial before him. Before he could deliver his judgment, however, the chief judge ordered him to change his verdict: Instead of acquittal, three of the accused were to be sentenced to death; the other two to life imprisonment. Had he agreed to this, not only would he have violated his oath of office in obedience to political demands, he would also have sent three people to death row, unconvinced that they were guilty.

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We can’t change death penalty – Tanzanian High Court

11 October 2019
by Carmel Rickard

A full bench of three high court judges has re-affirmed that the mandatory death penalty in Tanzania is constitutionally valid. No new factors had been given to the court to indicate that anything had changed since the last time the issue was considered by the judiciary, said the judges, so they could not vary the previous decisions or rehear the issue ‘on the same facts’. But, they said, the issue could be taken to the highest court via review if the petitioners felt strongly about the matter.

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Witchcraft trial adds another 7 to Tanzania’s death row

10 October 201911 October 2019
by Carmel Rickard

A recent witchcraft trial in Tanzania has led to a further seven people being added to the well over 500 convicts believed to be on death row. The case illustrates the difficult position in which Tanzanian courts find themselves: the death penalty is still applicable to murder and a few other serious offences and just three months ago the high court declared it was unable to change the law in relation to the death penalty. This despite the country’s president, John Magufuli, declaring that he would be unable to sign the documents required for anyone to be actually executed. He would find it just too difficult to do so, he said. So, while capital punishment has not been carried out for the last 25 years, the courts continue to pass the death penalty, and the numbers of condemned prisoners continues to grow.

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Tanzanian lawyers in uproar after judge suspends their immediate past president from practice

28 September 201910 October 2019
by Carmel Rickard

When prominent Tanzanian legal counsel, Fatma Karume, argued a recent case in the high court of Tanzania, she could not have anticipated the full outcome. Sure, she lost the case, but this is something all lawyers must assume may happen at any time and in any case. But how could she have known she would also raise the anger of her court opponents and the presiding judge? Citing argument by opposing counsel that her argument had been rude and ‘inappropriate’, the judge decided to suspend Karume – immediate past president of the Tanganyika Law Society – from practice. He also ordered the registrar of the high court to refer a ‘professional misconduct matter’ to the advocate’s disciplinary committee.

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Valentine’s Day winner: new Tanzanian court rules improve experience of justice by vulnerable groups

17 February 201917 February 2019
by Carmel Rickard

Tanzania’s Chief Justice, Ibrahim Hamis Juma, has promulgated new rules that could greatly change how people from vulnerable groups experience courts and the justice system. That is why this is Jifa’s winning Valentine’s Day 2019 good news story: we like the care it shows for normally-forgotten people with no one else to champion their cause. The rules prioritise cases involving disadvantaged people, and set deadlines for finalizing matters in which they are involved. The new rules also provide that visually impaired people will get a free braille copy of any judgment or order in a case where they are involved, and that a specially assigned employee at each court will be responsible for making everyone at that court more sensitive to “vulnerability issues”.

World Day against the Death Penalty – editorial

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We can’t change death penalty – Tanzanian High Court

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Witchcraft trial adds another 7 to Tanzania’s death row

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Tanzanian lawyers in uproar after judge suspends their immediate past president from practice

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Valentine’s Day winner: new Tanzanian court rules improve experience of justice by vulnerable groups

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