The following is a joint press statement Issued by Community Health Services and Advocacy (CHESA) and the Initiative for Strategic Litigation in Africa (ISLA)
October 20, 2016 • Dar-es-Salaam, Tanzania
On Tuesday, 17 October 2017, a legal consultation convened by the Initiative for Strategic Litigation in Africa (ISLA) and Community Health Services and Advocacy (CHESA) was raided by the Tanzanian Police. The consultation was convened in order to get more instructions and evidence on a case that we plan to file before a court. The case concerns a challenge to government’s decision to limit the provision of certain health services that it had previously provided.
Thirteen people were detained and released on bail with no charges made. On Wednesday, the Regional Commissioner of police issued a press statement, referring to the “arrests” and stated that twelve people who were promoting homosexuality had been arrested. This mischaracterisation of a legal consultation where lawyers and their clients were discussing a very specific case to be referred to the court is unfortunate. The police had a copy of the concept note and the agenda of the consultation. Three lawyers were part of the group, that was detained, include ISLA’s executive director, Sibongile Ndashe. The bail was revoked on Friday 20 October 2017 with the view of starting the investigation afresh. All thirteen people are back in custody.
The Tanzanian Constitution enshrines the right to seek legal redress when fundamental rights have been violated (Art 30(3)). The African Charter on Human and Peoples’ rights, which Tanzania is a signatory to, also recognises an individual’s right to an appeal to competent national organs against acts violating his fundamental rights as recognised and guaranteed by conventions, laws and customs in force (Art 7(a)). Tanzania is a signatory to a number of international human rights treaties that recognizes these and other related rights.
We view this as an attempt to intimidate citizens from approaching judicial institutions when their rights have been violated, to create an environment where lawyers are afraid to provide legal representation and to ultimately create an environment where it is unthinkable to hold the state accountable for human rights violations. There is no legal basis for these proceedings. We call upon Tanzanian authorities to discontinue the ongoing persecution of lawyers and their clients. Allow citizens to access legal representation without intimidation and allow the foreign nationals whose passports have been seized to leave the country.
UPDATE AS OF OCTOBER 27
The Initiative for Strategic Litigation in Africa confirms that three of its lawyers who were arrested in Dar-Es-Salaam, Tanzania on Tuesday 17 October 2017, and placed in unlawful detention from Friday 20 October 2017, were deported earlier this evening from Tanzania. It bears emphasis that no criminal charges were brought against them from the date of their arrest.
This press statement serves to invite members of the media to a press conference to be held on Saturday 28 October 2017. The purpose of the press conference is to provide information on the wrongful arrests and arbitrary detention as well as the status quo and the way forward.
PRESS CONFERENCE OCTOBER 28
— ISLA (@ISLAfrica) October 28, 2017
For more information on this ongoing story, follow Community Health Services and Advocacy (CHESA) and the Initiative for Strategic Litigation in Africa (ISLA)