Lawyers in the UK want Tanzania to allow an independent inquiry into the gun attack on Tanganyika Law Society (TLS) president and Singida East Member of Parliament Tundu Lissu.
In a letter sent to State House via e-mail on Wednesday and seen by The East-African,
the Law Society [of England and Wales], the Bar Council and the Bar
Human Rights Committee (BHRC) have also requested the Tanzanian
government to drop sedition charges against Mr Lissu.
The
MP is nursing bullet wounds at the Nairobi Hospital in Kenya after
unknown attackers shot him outside his home in Dodoma on September 7.
Mr
Lissu faces five sedition charges emanating from his political comments
and criticism of President John Magufuli’s government.
Since
President Magufuli came to power in December 2015, Mr Lissu has been
arrested nine times and is considered a major critic of the government.
Break-in and robbery
The letter from the UK lawyers also cites a break-in and robbery
in the Prime Attorneys offices in Dar es Salaam where cash and some
documents were lost.
The incident took place a few
weeks after the bombing of another law firm, Ishengoma Karume& Magai
Advocates (IMMMA), also in Dar es Salaam.
At the time
of the incident, IMMMA was representing Yusuph Manji, a prominent
businessman who was facing economic sabotage charges.
The
Director of Public Prosecutions later entered a nolle proseque and he
walked free. A number of people were however arrested last week in
connection with the matter .
IMMMA is the legal
consultant of the UK-based Barrick Gold which is currently embroiled in a
row with the Tanzanian government over alleged cheating on the content
and amount of mineral concentrates mined and exported by its subsidiary
Acacia Mining.
Negotiations with the Tanzania
government are ongoing. A partner with IMMMA Fatma Karume is also
representing Mr Lissu in one of his sedition cases.
“The
shooting of Mr Lissu, and other events that have taken place with
regard to members of legal profession and the Tanganyika Law Society in
particular, are of great concern.
“The Law Society,
the Bar Council and BHRC raise concerns over incidents involving lawyers
in Tanzania,” reads the letter to the Tanzanian President.
Breached international accords
According
to the UK lawyers, these actions have breached international accords on
the rights and principles of citizens, including lawyers and
politicians.
The six-page letter signed by the
president of the UK Law Society Joe Egan, the chairman of the Bar
Council Andrew Langdon and the chairman of the BHRC Kirsty Brime Low,
cites a breach on the International Covenant on Civil and Political
Rights, the African Charter on Human and People’s Rights and the United
Nations Basic Principles on the Role of Lawyers that Tanzania ratified.
“We
respectfully remind you [the president] of the international legal
obligations that are binding on Tanzania and that reflect these rights
and principles,” the Law Society notes.
“We urge the
authorities to fulfil Tanzania’s international obligations, protect
lawyers and ensure that they are able to perform their professional
activities without intimidation, hindrance, harassment or improper
interferences.”
The letter charges Tanzania with
breaching Article 6 (1) of the International Covenant on Civil and
Political Rights that the country ratified in 1976.
It
states that “Every human being has the inherent right to life. This
right shall be protected by law. No one shall be arbitrarily deprived of
his life.”
The UK legal team also charges Tanzania
with breaching Article 9 (1): “Everyone has the right to liberty and
security of person. No one shall be subjected to arbitrary arrest or
detention. No one shall be deprived of his liberty except on such
grounds and in accordance with such procedures as are established by
law.”
The article further states that, “Everyone shall have the right to hold opinions without interference.”
The
lawyers also quote Article 22 (1) which notes that: “Everyone shall
have the right to freedom of association with others, including the
right to form and join trade unions for the protection of his
interests,”
Section 2, notes that, “Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly.
“In
particular, they shall have the right to take part in public discussion
of matters concerning the law, the administration of justice and the
promotion and protection of human rights, and to join or form local,
national or international organisations and attend their meetings
without suffering professional restrictions by reason of their lawful
action or their membership in a lawful organisation.
Section
24 notes: “Lawyers shall be entitled to form and join self-governing
professional associations to represent their interests, promote their
continuing education and training and protect their professional
integrity. The executive body of the professional associations shall be
elected by its members and shall exercise its functions without external
interference.”
In the letter, the Law Society
concludes that: “We await reassurances that the shooting of Mr Lissu
will be investigated, the charges against him will be reviewed and that
he and his colleagues provided protection if so required.”
However,
the Parliamentary Committee for Defence and Security had investigated
the issue and is expected to present its findings to parliament in
November.
A State House official who spoke to The EastAfrican on condition of anonymity said he was not aware of the letter but that it sounded judgmental and unfortunate.
0 comments: