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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Legislative and judicial implementation of the norm against torture
Author:Nyange, Herbert H.ISNI
Periodical:Eastern Africa Law Review (ISSN 0012-8678)
Notes:biblio. refs.
Geographic terms:Tanzania
East Africa
Subjects:rule of law
legislative power
Justice, Administration of
Abstract:With the enactment on 15 March 1985 of the Fifth Constitutional Amendment Act, Tanzania acquired a Bill of Rights, with a provision on the prohibition of torture and inhuman or degrading treatment (article 13(6)(e)). The author examines Tanzanian law, both statutory and judge-made, against torture and cognate offences providing penal sanctions against violators and civil remedies for injuries or for dependants of deceased victims. He does so by identifying situations in which torture is most likely to be perpetrated, namely arrests, custodial restraint, interrogations and imprisonment, even pursuant to a lawful sentence or detention order. He also discusses the exclusion of illegally obtained evidence, lawful punishment, and civil remedies for victims of torture. He concludes that article 13(6)(e) could do with a few minor amendments. The present reference to the prohibition of torture and inhuman or degrading treatment 'for the purpose of ensuring equality before the law' should be replaced by a reference to 'the observation, promotion and protection of human rights'. Furthermore, the power to make the regulations is vested not in the legislative but in the executive arm of the State, the very organ from which provisions against torture seek to protect persons, and no constitutional or parliamentary control mechanisms against executive power have been provided. Notes, ref.