LHRC Calls for Urgent Reforms on Non-Bailable Offences and Unlawful Arrests in Tanzania

Legal and Human Rights Centre (LHRC) has released a policy brief calling for urgent reforms in Tanzania’s criminal justice system, with a focus on non-bailable offences and unlawful arrests. Despite constitutional guarantees, many Tanzanians continue to face challenges in accessing bail and fair treatment under the law.

Research shows that individuals are often denied bail for offences that are legally bailable, contrary to Article 13(6)(b) and Article 15(1) of the Constitution of the United Republic of Tanzania, 1977. Findings from the 2021 Human Rights Report indicate that nearly half of Tanzanians (46%) believe accessing bail is a problem, while 35% consider it a very serious problem. In some cases, bail has even been used as a bargaining tool by investigators.

The brief also raises concern over unlawful arrests and abuse of power, including cases where police officers conduct arrests without uniforms or identification. Such practices create confusion, enable impersonation by criminals, and violate the Police General Orders of 2021, which require lawful and careful conduct during arrests. Additionally, police stations and prisons lack adequate infrastructure, particularly for children, women, and persons with disabilities.

LHRC reiterates key recommendations from the Presidential Commission on Criminal Justice Reform, including regulating arrest powers, establishing a Bail Act, strengthening the Commission for Human Rights and Good Governance (CHRAGG), creating an independent National Bureau of Investigation, and addressing misconduct within law enforcement. Implementing these reforms will strengthen due process, protect human rights, and rebuild public trust in the justice system.

To access the full policy brief, download the document here: