Police trampled on rights, lives in Iringa-Commission

Human Rights and Good Governance Commission Chairman Judge Amir Manento speaks to journalists in Dar es Salaam yesterday when launching report on investigation into killing of Channel Ten journalist Daud Mwangosi. With him is a member of the commission, Mahfoudha Hamid. (Photo: Omar Fungo)

Police trampled on a number of human rights when they interrupted Chadema activities at Nyololo village in Mufindi District, Iringa Region, resulting in the killing of Channel 10 journalist Daudi Mwangosi last month.

In its investigative report released yesterday, the Commission for Human Rights and Good Governance (CHRGG) said that based on the country’s Constitution, United Nation’s Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and African Charter on Human and People’s Rights, the Commission satisfied itself that the police violated a number of human rights including the right to life.

Reading the report to journalists in Dar es Salaam yesterday the Commission’s chairperson, Judge Amiri Manento said that police violated the right to life, right not to be beaten and tortured, equality before the law and right to gather and give opinions.

According to the Commission’s report, the order given by Iringa Regional Police Commander, Michael Kamuhanda, to ban activities of Chadema was contrary to the law.

Justic Manento said RPC Kamuhanda violated Political Parties Act, (Cap 258 RE.2002) Section 11 (a), (b) and Police Act (Chapter 322) by interfering with jurisdiction of Mufindi Officer Commanding District (OCD), who was supposed to have issued the order.

Kamuhanda issued the order to ban Chadema activities while he was not the Officer in Charge of police in the respective area, Justice Manento said, adding that under the circumstances, the order was therefore not lawful because it was issued by a person who had no legal mandate to do so.

“In order for good governance to prevail, all government authorities must abide by the rule of law,” Justice Manento said.

The decisions by the registrar of political parties, John Tendwa, to write to political party leaders so that they postpone their activities to pave the way for the census also violated the principles of good governance, he said.

The directives given in the letters were contrary to the Statistics Act Number 1 of 2002 which allows people to proceed with their activities whenever census activities are taking place.

He added that the letters infringed on the mandate of the Commission Act , clause 7 of 2001 Section 15 (2) (c), which requires all regional and district security committees to take care whenever there is violation of human rights and good governance in their respective areas.

“All security committees should together involve the citizens in securing their lives and property by discussing all security issues before measures are taken by the law enforcers,” Manento said.

He also ordered Chadema leaders and party members to avoid conflict with security forces by abiding by orders they are given, and where they feel that such orders are unfair, it is best to use wisdom to avert escalation of the conflicts.

Manento asked the police and the Political Parties Registrar to avoid decisions or acts which can reflect discrimination among members of the community, when fulfilling their legal duties.

“The police banned the Chadema gathering because of the census, but at the same time Chama Cha Mapinduzi (CCM) members were launching their campaigns in Zanzibar,” he observed.

Justice Manento said that multiparty democracy should be respected and protected, adding that education for political party laws should be provided to police officers who appear to be unaware of the same.

He said that there had been many acts of human rights violation in the country such as those that occurred in Arusha, but its commission failed to conduct investigations on the same due to lack of money.

This is the third report being issued this week on the Iringa mayhem that that led to the killing of Mwangosi at Nyololo village over a month ago.

Other reports were released by the Media Council of Tanzania (MCT) which also accused the police of deliberately and consciously killing the journalist who was covering Chadema activities at the village.

It said that Mwangosi was killed in cold blood at the hands of the police and under close watch of the Iringa Regional Police Commander, Michael Kamuhanda.

The other report also presented on Tuesday was by the Committee formed by Home Affairs minister Dr Emmanuel Nchimbi.

It said that force used by the law enforcers to disperse Chadema demonstrators was excessive, but was not the cause of the journalist’s death.