Mtokambali's rights appear to have been violated during the investigation process.
Here's advice for
Mtokambali and the court:
Advice for Mtokambali
1. Right to Legal Representation:
Mtokambali was denied the right to communicate with his lawyer before the caution statement was
taken. This is a violation of his right to legal representation, which is a fundamental right for a suspect.
He should formally complain about this violation.
2. Coerced Confession:
The confession was obtained through intimidation and physical abuse, making it inadmissible in court.
Mtokambali should inform his lawyer about the circumstances surrounding the confession and request
that it be challenged in court.
3. Abuse of Procedure:
Mtokambali should raise the issue of procedural abuse with the relevant authorities, such as the Legal
and Human Rights Centre in Dar es Salaam, or the Commission for Human Rights and Good Governance,
requesting a thorough investigation into the conduct of the police officer.
4. Seek Medical Attention:
Mtokambali should seek medical attention for any injuries sustained during the interrogation and ensure
that these are documented, as this will serve as evidence of the abuse.
Advice for the Court
1. Inadmissibility of Evidence:
The court should consider the caution statement inadmissible as evidence due to the violation of
Mtokambali's rights and the coercive methods used to obtain it.
2. Fair Trial:
The court has a duty to ensure a fair trial, which includes protecting the rights of the accused. It should
order an inquiry into the allegations of abuse and procedural violations.
3. Consider Case Laws:
The court should refer to relevant case laws and statutory provisions that protect the rights of suspects
during investigations.
4. Ensure Justice:
The court should ensure that justice is served by addressing the alleged violations and taking appropriate
action against those responsible.
Relevant Legal Framework
The Constitution of the United Republic of Tanzania:
Guarantees the right to legal representation and a fair trial.
The Criminal Procedure Act:
Provides the procedures for handling criminal cases, including the taking of caution statements.
The Law of Evidence Act:
Governs the admissibility of evidence in court.
Mtokambali should consult with his lawyer to pursue these actions and ensure that his rights are
protected. The court should also take its responsibility seriously in upholding the law and ensuring
justice is served.
REFERENCE
The constitution of United republic of Tanzania
Criminal procedure Act [CAP 20 R.E 2019]
The Evidence Act [CAP 6 R.E 2019]
