Factors contributing to the delays of criminal investigation in Tanzania by Johnson Yesaya. LLB

1. CHAPTER ONE

1.0  PRELIMINARY AND RESEARCH STEPS

 

1.1 INTRODUCTION.

A criminal investigation is an undertaking that seeks, collects, and gathers evidence of a crime for a case or specific purpose. A criminal investigator looks for clues and evidence to determine whether a crime has taken place. If a crime has been committed, investigators may look into the background of the accused and try to uncover who committed the crime. Police agencies and law enforcement are committed to criminal investigations of every kind, but a growing number of individuals are choosing to launch their own criminal investigations with the help of professional investigators[1].

There is many ways that a person can be brougt to justice for a criminal act, but there are three common ways which are commonly used by the investigation departments to conduct an investigation of crimes worldwide. First, a person him/herself may confess about his/her involvement into the commission of a crime and such informations may be used to prove the offence. Second, police officer may catch him/her committing a crime and bring him to justice and that police officer must give a statement to the court that he is the one who captured that person committing a crime. Third, a criminal investigation can identify him as a suspect of crime after which he may confess or be convicted by trial. Those methods to bring a person to justice developed a longtime ago so as to reveal the truth about crimes because most of the suspects tended to deny the charges of crime they did to people[2].

The main objective on conducting investigation is to obtain information (evidence) which may be used later during prosecution[3]. So as to prosecute succesful, a prosecutor must have all necessary informations about the crime. Many cases fails because prosecutors prosecute too early before the collection of necessary information which will be used to support the facts on commission of a crime. Not all offenders charged with offences get punishment they deserve, some of them due to this problem of delaying in criminal investigation, they get acquited by the court since there is no enough evidence to prove their crimes. And some other offenders who are in custody to wait their cases, they tend to spend many years under custody without being taken to the court because of the reason that, “the evidence is not complete”. Most of cases where such problems happen, include murder cases and armed robbery which will be my research area. Section 148 (5) (A)[4], offences like murder and armed robbery are un-bailable offences, all offenders of such crimes must be held under custody for all time until the end of the trial, due to that, most of these offenders are the victims of punishment before the actual court punishment since they stay under custody for a long time awaiting investigation to be complete. Since their offences are un-bailable, they have to stay for any longer under custody awaiting investigation to be done and the charges to be taken to the court for proceedings, some of them spend 1-5 years under custody before court decision.

1.2  BACKGROUND OF THE PROBLEM.

In 1700’s in England, there was no specific and recognized  police force department, what existed during those days was groups of young people who wanted to protect their places, they volunteered themselves for that purpose. There was no payment for the job since they were not recognized as employees, the societies willingly contributed money so as to run such security activities but they were un-forced to do so. The duties of those security people was to fight against crimes which was common in England during those days, they dealt with theft and robbers at the streets of England and they were called Bow Street Runners[5].

Later in 1800’s, London became the first to establish  a formal police force department. Those who were Bow Street Runners had a huge chance to be employed as recognized officers of the police force, many of them were employed and some of them continued with other activities. From that time after the establishment of formal police force, there was a lot of challenges and those leaders of police forces they continued to work hard to improve police force. People like Robert Peel are among the people who reformed police department from local police force to a new oriented police force[6].

In 1829, due to the efforts of Sir Robert Peel, Parliament passed the Metropolitan Police Act, which created a metropolitan police force for London. Since the idea of modern police force was already introduced in 1829, and during that time, police handled both investigation and prosecution of suspects. But later in 1896, England Prosecution Agency clearly separated from the investigative role of the police. Before the separation of those duties, police officers conducted both invesigations and prosecution which was likely to cause injustice. Since police officers conducted both investigation and prosecution, there was a huge chance or a loophole for the officers to fabricate evidence of investigation so as to support their claims, sometime with this loophole existed, some officers prosecuted people maliciously and fabricated evidence so as to imprison people they were targeting. Due to all these problems, the duties separated in 1896 where the prosecution agency separated from investigation department[7].

The system of the law was adopted in Tanganyika by Reception Clause through Tanganyika Order in Council of 1920[8]. The adoption made all laws which were used by our colonial masters to be used as it is in Tanganyika, the laws cames with many weaknesses and due to different environment between British (where the laws adopted from) and Tanganyika, the laws became inconsistency in it’s application. Until today, there are still many problems connected to adopted laws which led to the delay of criminal investigation in Tanzania. such problems include;

No enough legal advisers to advise investigators on collecting acceptable evidences than wasting their time collecting in-admissible evidence. In United Republic of Tanzania, it is a common thing that, many police officers are educated at a form four and form six level and they do not have legal education. Due to this, many officers do things they don’t know, they collect inadmissible evidences, they arrest people wrongly and many wrongs they are doing  in their jobs cause delay in investigation and elongation of criminal cases without decision.

Un-necessary delays of investigators at crime scenes. The crime scene may be disturbed by the people generally by the time police reaches the crime scene because of which crucial evidences like finger prints, hair follicles and other things are lost. This include a lot of facts inside it, police delays to crime scenes  because of poor transportation devices that are used by police officers and shortage of officers specialized in investigation.

Even after the adoption of England systerm of investigation separate to the prosecution, there was still weakness in the system, and the system was not used to help Africans because it was during the colonial period. The colonialists mis-used those systems to make profit for them and not for the benefit of Africans. Post-independence goverment brought some other new laws to govern criminal procedures and the police force. Such laws include, Criminal Procedure Act[9] and The Police Force Act[10] where there was some amendments on these laws.

1.3 STATEMENT OF THE PROBLEM.

A Criminal Procedure Act[11], empower police officer to conduct investigation against a crime. Section 10 (1) of CPA provide that;

              “If from the information received or in any other way a police officer has reason to suspect the commission of an offence or to apprehend a breach of the peace he shall, where necessary, proceed in person to the place to investigate the facts and circumstances of the case and to take such measures as may be necessary for the discovery and arrest of the offender where the offence is one for which he may arrest without warrant”

It has been a problem in Tanzania that, many criminal cases tend to take a long time in proceedings without reaching a decision because of the delay in investigation by the police department. The offences like murder and armed robbery are most likely to take a longtime because of the failure of police department to complete collection of evidences within a reasonable time, this situation can be caused by a number of reasons like shortage of skilled people in investigation field, lack of tools to conduct investigation quick without un-necessary delays and poor relation in investigation matters between our country and other more developed countries in investigation field.

Due to the delay in investigation according to a number of reasons, the accused of those offences tend to use a long time in dealing with their cases and at last some of them may found by court not guilty and they wasted money, time and affected mentally and physically due to the treatment by police officers while under custody. The following are the cases which explain the situation as explained above.

In a case of R v Tabu Msomi and others[12], the accused person spent ten years under custody and later released from prison. He was charged with murder on 06.01.1993 in which they were commited for trial in High Court on 21.01.1997. The case adjourned since the investigation was not complete, after three years later, the accused people released from prison since there was no case to answer. You can see in this country, people can serve all years of punishment in prison before the actual court order to imprison them, it is a problem which always caused by the police failure to complete investigation within a reasonable time.

Also in case of R v Alex Nkolela and other. The accused person in the case was charged for murder and committed in prison for five years due to the careless investigation of his case. Eventually he was found not guilty of an offence despite the five years experience of torture in  prison. In this case the accused people were held under custody for more than 5 years before the court saw that the charges was wrong, and such people were to be acquited.

In the case of R v. Amos masanja And Erikaeli Anaeli Mungure the accused waited for two years before their acquittal as there was no case against them,

Also in the case of R v Marco Anaeli, took three years waiting investigation to be complete, the accused person put under custody awaiting investigation to be complete. After three years of investigation, court acquited that person since there was no enough proof by the prosecutors to prove offence alleged to have been commited. You can see in this case, a person wait in prison for three years awaiting investigation to be complete.

In case of Anaeli Masawe v. R[13] took four years waiting for investigations to be completed. Five percent of detainees held in remand were ultimately convicted, and often those convicted had already served their full sentences before their trials were concluded estimated that it took up to five years for homicide cases to reach the high court [14].

This situation breach Article 13(6 )(b)  of the constitution of  United Republic of Tanzania[15] which state that, “no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence”.

1.4 OBJECTIVES OF THE STUDY

1.4.1 GENERAL OBJECTIVE

The study generally intended to find out factors contributing to delays of investigation in criminal case in Tanzania (specifically in murder cases and armed robbery).

1.4.2 SPECIFIC OBJECTIVE

-To analyses the effectiveness of the law governing investigation case in Tanzania

-To survey the consequence of delays of investigation in criminal case in Tanzania (murder and armed robbery).

-To check the Constitutionality of  Section 148 (5) (a) of Criminal Procedure Act on denial of bail to offences like murder, armed robbery and treason.

1.5 SIGNIFICANCES OF THE STUDY

This research aim to remind the investigation authority that, they have to conduct their duty effectively according to the law and make sure that, all gathered informations are accurate and within a reasonable time they have to submit their findings to the court of law without further delays so as to enable court to easily deal with cases. Also they have a duty to inform the society about matters concerning investigation so as to triger their participation when someone is conducting an investigation.

1.6 LITERATURE REVIEW

There are many writers who wrote on a topic of investigation in criminal cases, many of them contributed a lot to brainwash people and give supportive ideas which help conducting investigation, also to prevent un-necessary delays of investigation. Some of these writers include;

Chipeta, B.D [16] in his book titled ‘A Magistrate’s Manual’ provides that,

“…the administration of justice depends on the joint efforts of the judiciary, police, prisons, the executive and the general public. Laziness, apathy, indifference, ignorance or lack of resources on the part of any of these forces contributes directly or indirectly to the delays in disposal of cases in courts”.

Chipeta cames with non-legal factors and forgot to explain about legal factors which may cause the delays of criminal investigation which led to unlawful helding of people suspected to have committed crimes against Article 13 of the constitution of united republic of Tanzania.

Mono, J.D[17] in his thesis he discussed several reasons for delay of criminal cases in courts. Among of the factors are; loss of police case documents and files, loss of exhibits, reluctant of the witnesses to attend courts to reveal about the crime, investigation taking long time to complete, absence of accused due to sickness, absence of magistrates due to various reasons, accused absconding and other factors such as transportation problems.

Also, the author postulates on the statutory provisions which cause delay of cases, for example the statute with procedural law which though intended to provide justice, on the other hand leads to procedural cumbersome, hence delay.

John, Spack[18]. in his book the author  stated  that,  investigation should be preliminary stage in criminal procedure followed by arresting , search, interrogation, and seizure between the police and accused person. However the author failed to show the factor which contribute on delay of investigation in criminal cases. He specifically dealt with the series of procedures to be followed in dealing with ciminal matters that, investigation should be first and other steps may follow.

This idea guarantee the availability of all necessary information of crime preliminary to the Law Reform Commission of England[19], describes committal proceedings that is necessary for a magistrate to conduct a preliminary hearing to ascertain whether to or not there is a prima facie case so as to justify commiting the accused for trial to the district court or to the Supreme Court of England. This leads to time consuming procedure, hence waste of manpower and causes delay which is against administration of justice.

In this article they concentrated more in committal proceedings as the reason to the delay of cases and they forgot to explain whole system from the police departments to the court on how they together contribute to this problem. This research will reveal the factors which contribute the delay of investigation in murder and armed robbery cases in Tanzania.

1.7 RESEARCH METHODOLOGY

The research use only library research to collect data;

1.7.1 LIBRARY RESEARCH

This method will be used to collect data during the time of data collection. This method  include reading books, statutes, case laws (precedents), journals, magazines, newspaper, research papers and dissertations. So as to acquire all such reading documents, there is a need to visit main libraries like a library at Tumaini University Makumira and the city library in Arusha so as to gather other other written ideas of lawyers and non-lawyers on the legal matters especially criminal investigation. This method is much beneficial because there is a lot of written information which is easy to acquire than going to ask things direct from people which may waste a lot of time.

This method intend to collect all works that have been done by researchers include legal practioners like lawyers, and all other works which contain something corresponding to our research topic. All documents will be used to generate an accurate answer on which factors led to the delay of investigation in criminal matters.

1.8 RESEARCH QUESTIONS

So as to reveal the factors which led to the delay of investigation in criminal matters, a researcher has formulated a number of questions that will be answered by the data which will be collected through library research, these questions focus on laws used in investigation (Criminal Procedure Act and The Police Force and Auxiliary Service Act), effects on the delaying of investigations, does the delay of investigation happen only in murder and armed robbery cases or even in the other cases like rape?.

Questions of research.

1.      What are the factors contributing to delays of investigation in criminal cases? 

2.      To what extent is the law governing investigation in criminal case effective?

3.      What is the Effect of delaying of investigation in criminal cases?

4.      Is only murder and armed robbery cases which delays at courts?

5.      Is there a need to have separate investigation agency?

1.9 CONCLUSION

Police officers are the one to take blames from people for their failure to conduct investigation within a reasonable time. But also, there are other reasons which may led to the delay of cases at courts like committal proceedings and some technicalities in the legal system, lack of competent skills in legal matters to some advocates, magistrates and judges, also the existance of advocate who only care to destruct cases than to help a court to reach good decision. The legal practitioners must use legal technicalities for the benefit of the court and not to hinder the adjudication of justice.

On other side, the citizens who are witnesses of some crime are reluctant to participate to give information to the police officers because of a  fear to be joined in the case. But some of them they are not ready to particitate in investigations bacause some police officers they dont treat them well. An issue of helping police as witness comes willingly and not by force, some police officers use force to threat witnesses to give informations which is not right and this makes civilians reluctant to help them due to the use of force.

The investigation departments has a duty to educate people on the importance of their participation in the investigation, and what are the impacts if citizens fail to participate in investigation. Citizens are the people who know people who commit crimes at their places and it is easy for them to locate the areas where those people exist, without participation of citizens in investigation, it tend to be very hard for investigators to complete their duty within a reasonable time.

2. CHAPTER TWO

2.0 THE CONCEPT OF INVESTIGATION AND GENERAL OVERVIEW OF THE LAW RELATING TO INVESTIGATION IN TANZANIA

2.1  INTRODUCTION

This chapter aim to explain the concept of criminal investigation and it’s types, and the laws relating or governing criminal investigation in Tanzania. This chapter clearly going to explain in deep the meaning of criminal investigation, at the same time it will deeply deals with the laws used in criminal investigation in Tanzania and see the weaknesses of such laws which hinder the availability of justice within a reasonable time and likewise led to delays of investigations of criminal matters and cause delays of criminal cases in our courts. Again, this chapter will directly point the sections or provisions of the constitution which led to elongate the investigation process and suggests the measure to be taken to curb such problem.

2.2 THE CONCEPT OF CRIMINAL INVESTIGATION

Criminal investigation is an applied science that involves the study of facts, used to identify, locate and prove the guilt of an accused criminal. A complete criminal investigation can include searching, interviews, interrogations, evidence collection, preservation and various methods of investigation. Modern-day criminal investigations commonly employ many modern scientific techniques known collectively as forensic science[1].

Criminal investigation is an ancient science that may have roots as far back from 1700  in the writings of the Code of Hammurabi. In the code it is suggested that both the accuser and the accused had the right to present evidence they collected. In the modern era criminal investigations are most often done by government police forces. Private investigators are also commonly hired to complete or assist in criminal investigations[2].

An early recorded professional criminal investigator was the English constable. Around 1250 CE it was recorded that the constable was to "...record...matters of fact, not matters of judgment and law."[3]

Also an investigation is discussed to refer the process of collecting information in order to reach some goal; for example, collecting information about the reliability and performance of a vehicle prior to purchase in order to enhance the likelihood of buying a good car. Applied to the criminal realm, a criminal investigation refers to the process of collecting information (or evidence) about a crime in order to: (1) determine if a crime has been committed; (2) identify the perpetrator; (3) apprehend the perpetrator; and (4) provide evidence to support a conviction in court. If the first three objectives are successfully attained, then the crime can be said to be solved. Several other outcomes such as recovering stolen property, deterring individuals from engaging in criminal behaviors, and satisfying crime victims have also been associated with the process[4].

A useful perspective on the criminal investigation process is provided by information theory (Willmer). According to information theory, the criminal investigation process resembles a battle between the police and the perpetrator over crime-related information. In committing the crime, the offender emits "signals," or leaves behind information of various sorts (fingerprints, eyewitness descriptions, murder weapon, etc.), which the police attempt to collect through investigative activities. If the perpetrator is able to minimize the amount of information available for the police to collect, or if the police are unable to recognize the information left behind, then the perpetrator will not be apprehended and therefore, the perpetrator will win the battle. If the police are able to collect a significant number of signals from the perpetrator, then the perpetrator will be identified and apprehended, and the police win. This perspective clearly underscores the importance of information in a criminal investigation[5].

The major problem for the police in conducting a criminal investigation is that not only is there potentially massive amounts of information available, but the relevance of the information is often unknown, the information is often incomplete, and the information is often inaccurate. Further, to be useful in proving guilt in court (where beyond a reasonable doubt is the standard), the evidence must have certain other qualities, and certain rules and procedures must be followed in collecting the evidence[6].

Also an investigation means to make a probe to the facts so as to find out the truthfulness of the doubted matter or issue concerned. The reason behind as to the law on investigation is to avoid the miscarriage of justice which would otherwise takes place in those cases which could proceed without the sufficient evidence to prove or disapprove the allegations of the accused person. Another ground for this law is in the legal sense no person charged with the criminal offence treated as guilty until proved by the law.^[7] Hence some criminal cases need more reasonable time to be investigated in accordance with their nature and complexity. That means the alleged matter cannot be heard and finalized for one day without being thoroughly investigated.

2.3 THE TYPES OF CRIMINAL INVESTIGATION IN TANZANIA

Principally there are two types of investigation i.e. Preliminary investigation and Follow up investigation.

2.3.1 Preliminary Criminal investigation

This is the type of investigation whereby the first responder rush to the crime scene and vigilant for any things done, occurred, took a place, and then to collect evidence and think about the facts which he gathered so as to make a report. The object is to find out who can be suspected of the crime and whether or not there is sufficient evidence to initiate an action. The prosecutor leads the preliminary investigation from the point when a certain individual can be reasonably suspected of having committed the offence. In the case of less serious offences, the police conduct the preliminary investigations from beginning to end[8].

As the person in charge of leading the investigation, the prosecutor is responsible for ensuring that the crime is investigated in the best way possible. The investigations are conducted by the police on the instructions of the prosecutor. The prosecutor follows the investigations on a continuous basis and constantly determines which investigation measures and decisions are necessary. If the investigation concerns a serious and complicated crime, the prosecutor will often take part directly in the investigation in connection, for instance, with reconstructions of the crime or with important interrogations[9].

Precisely how a preliminary investigation is conducted in detail depends, of course, on the type of crime being investigated. Following a crime of violence, the police may conduct a crime scene investigation and question victims, witnesses and suspects. The leader of the preliminary investigation may decide to introduce coercive measures such as cordoning off the crime scene, searching premises or confiscating evidence. The investigation to be conducted involves the collection of many evidences include fingerprints, weapons or weapon’s remains, body tissues if available and all other necessary materials which may be used to prove the action to the court of law.

2.3.2 Follow up Criminal investigation

Is the type of investigation where by the receiver of the report is reading all the original reports and paperwork, and looking for leads. Making a necessary analysis to what have been reported, Call for the investigation, a victim, witness and suspects to see if there are any changes to their story, This creating the formality of investigation[10].

In this type of investigation, it is the duty of the police officers to collect various informations relating to the crime without visiting the crime scene. In other technics, police use various reports on the matter before them and make arrangement to invite victims, witnesses and other important people who are closely connected to a crime or are the victims of the crime committed to testify some facts or develop  new facts connected directly to the crime.

2.4 THE POWER TO CRIMINAL INVESTIGATION IN TANZANIA

The power to conduct investigation of crimes in Tanzania is legally imposed to police officers as provided under section 10 (1) of Criminal Procedure Act[11] which provide that;

“If from the information received or in any other way a police officer has reason to suspect the commission of an offence or to apprehend a breach of the peace he shall, where necessary, proceed in person to the place to investigate the facts and circumstances of the case and to take such measures as may be necessary for the discovery and arrest of the offender where the offence is one for which he may arrest without warrant.”

Upon receiving the report and having reduced the report into writing, the police officer is duty bound to proceed with the process of investigation as well as to do all necessary actions to ensure that the accused person is to be put into safe condition so as to make a considerable preservation of justice.^[12]

Section 10 (3) of Criminal Procedure Act provide how a police officer should conduct interview and record statement,

“Any police officer making an investigation may, subject to the other provisions of this Part, examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined. The whole of the statement, including any question in clarification asked by the police officer and the answer to it, shall be recorded in full in Kiswahili or in English or in any other language in which the person is examined, and the record shall be shown or read over to him or if he does not understand the language in which it is written it shall be interpreted to him in a language he understands and he shall be at liberty to explain or add to his statement. He shall then sign that statement immediately below the last line of the record of that statement and may call upon any person in attendance to sign as a witness to his signature. The police officer recording the statement shall append below each statement recorded by him the following certificate: "I.............., hereby declare that I have faithfully and accurately recorded the statement of the above-named.................".

Under this circumstance the investigator is empowered by the law on investigation to use his brain rather than unnecessary forces, to collect necessary information required by the law, to arrest, interrogate and restrain movement of the suspected person so as to get sufficient and undoubted evidences which prove or disprove the facts investigated beyond the blue sky.^[13]

But this has been experienced to be done contrary to the law, as is being seen in the case of Elias Kagadye and Others .v. R,^[14] this case the police officers who in the course of investigating the  criminal suspects, did arrest, interrogate them as the same time hardly beaten, mistreated, torture them as a result 10 suspected persons died.

It is unlawful for a police officer to cause death of an arrest for reasons which are commonly do not mount to the use of force to kill arrest. When happen that, the police officer may be charged for causing death of a suspect and it is against police protocals.

Under laws of Tanzania, the police officers are the one with duties to conduct investigation and collect all information relating to the crimes. But the laws of Tanzania allow private investigation (P.I) to conduct investigation of crimes but only with permission granted to them by Director of Public Prosecution.

As provided under sub-section 4, 5, 6, and 7 of section 10 of CPA, during conducting an investigation by interviewing a person, a police officer is required to inform an interviewee that, he/she is suppose to speak only truth. Also, A police officer or person in authority shall not offer or made any inducement, threat or promise to any person charged with an offence to induce him to make any statement with reference to the charge against him.

Section 10 subsection 4, provide that;

“It shall be the duty of a police officer before examining a person to inform him that he is bound to answer truly all questions relating to the case put to that person by him and that he may not decline to answer any question on the grounds only that the question has a tendency to expose him to a criminal charge, penalty or forfeiture”.

Section 10 subsection 5, provide that;

“A police officer or person in authority shall not offer or make or cause to be offered or made any inducement, threat or promise to any person charged with an offence to induce him to make any statement with reference to the charge against him. But no police officer or person in authority shall prevent or discourage by any caution or in any other way any person from making, in the course of any investigation, any statement which he may be disposed to make of his own free will”.

Section 10 subsection 6, provide that;

“A statement by any person to a police officer in the course of any investigation may be used in accordance with the provisions of the law for the time being in force relating to the procedure for the adduction and reception of evidence, but not for the purpose of corroborating the testimony of that person in court”.

Section 10 subsection 7, provide that;

“In any proceedings under this Act, the production of a certified copy of the information referred to in section 9 or of any statement recorded under this section shall be prima facie evidence of the fact that the information was given or that the statement was made to the police officer by whom it was recorded; and notwithstanding the provisions of any other written law, it shall not be necessary to call that police officer as a witness solely for the purpose of producing the certified copy”.

2.5 REASONS FOR THE CRIMINAL INVESTIGATION IN TANZANIA

There are various reasons for criminal investigations in Tanzania, but in case of criminal investigations, here are the reasons;

2.5.1 When the evidence is not completed

After commission of an offence, an accused person is to be arrested, detained and other steps may take place. The second step is to take an accused person to the court of law so as a person accused to answer his/her allegations, by taking an accused person to a court, prosecutors must satisfy themselves that they have enough evidence to prove the offence committed by an accused person. When happens that there is no enough evidence to succeed their case, what to be done is deep investigation[15].

As it has been stated by Lord Denning in the case of Dallison .v Cattery,^[16]”I always understand that, in the criminal case the investigation must be effectively taken especially when the evidence is not sufficient. The rationale for this requirement is I think fairly obvious, the justice will be observed enough.

2.5.2 Absence of witnesses

It is when the crime has been committed but at the time of commission there was no person who witnessed or some time there may be a person who saw the commission nevertheless disappeared  as a consequences at the time of trial  he was unavailable. In this juncture the investigator is required to make investigation so as to collect necessary evidence which would be produced by the witness if he was present[17].

This can be vividly seen in the case of Joseph Regenah .v.R.^[18]  the case took almost four years to its finality due to the reason that the witness who witnessed the commission of the crime denied several appearance of the trial of the case as a result the court ordered the investigation to be taken otherwise it will acquit the accused person.

2.5.3 When necessary documents are un-available

It may reach a time court ask the production of some documents in court of law, these documents always may be connected to a matter before a court. When happened a party or both parties fail to present such documents, a court may order investigation to be conducted so as either to acquire those necessary documents or to find other information which correspond in term of content to un-available documents[19].

Un-availability of documents may led to failure of case because it lack the proof to the allegation. It is always advised to sue only where you have all proofs of your claims, since it is a principle that “who, he alleges must prove”, a claimant or a prosecutor must prove the wrongs done by another party to succeed the case.

2.5.4 To draw a conclusion on matters said by witnesses at court

Even if there is enough witnesses who witnessed the crimes, there is a need for a police dapartment to conduct their person investigation so as to connect those facts they personally discovered and those facts said by the witnesses during interview at police stations or at the court of law. It is a perspective that everything said by parties with their witnesses at the court is truth, but that not happen in hundred percent, some people are good to lie even at courts so there is a need to conduct investigation so as to lay down the conclusion of the facts of parties[20].

2.6 LAWS GOVERNING CRIMINAL INVESTIGATION

2.6.1  DOMESTIC LAWS.

i. The Criminal Procedure Act

The Criminal Procedure Act[21], give a duty to a police officer to conduct investigation after reception of informations relating to crime or report of a crime. Section 10 (1) of Criminal Procedure Act wants a police officer to conduct an investigation immediately as possible after the reception of information from citizens on commission of a crime. Also it is directed by the law that, it is necessary that police officer who collect oral statement from a reporter or accused to methion his/her rank, name, date and day when such statements written for the purpose of the court.

In United Republic of Tanzania, criminal investigation include a lot of processes include Arrest, searching, seizure, interviews, interrogations, evidence collection and preservation and various methods of investigation.

a. arrest

An arrest is the act of depriving people of their liberty, usually because they have been suspected of committing or planning a crime. An arrest results in a person being taken into custody, usually at a police station, where they can be questioned further and/or charged[22].

In Tanzania an arrest can be done by a police officer with a warrant or without a warrant if he believes that a person he want to arrest has committed a crime. Also magistrates and private persons are allowed to arrest a person committed a crime before them and immediately take  that person to a nearby police station.

An arrest by police officer is provided under section 11 (1) and (2) and section 14 of CPA, a police officer can arrest a person with a warrant of arrest or without warrant depending to an offence and environment where such offence has been committed. An arrest can be done without a warrant in the following circumstances as provided under section 14 (a-h) of the CPA;

 The provision say that, a police officer may without a warrant arrest–

(a) “any person who commits a breach of the peace in his presence”.

(b) “any person who wilfully obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody”.

(c) “any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to such thing”.

 (d) “any person whom he finds lying or loitering in any highway, yard or garden or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit an offence or who has in his possession without lawful excuse any offensive weapon or housebreaking implement”

 (e) “any person for whom he has reasonable cause to believe a warrant of arrest has been issued”.

 (f) “any person whom he suspects upon reasonable grounds of having been concerned in any act committed at any place out of Tanzania which, if committed in Tanzania, would have been punishable as an offence, and for which he is, under the Extradition Act, or otherwise, liable to be apprehended and detained in Tanzania”.

(g) “any person who does any act which is calculated to insult the national emblem or the national flag”

 (h) “any person whom he suspects of being a loiterer”.

Arrest can also be done by private person when happen a person committ an offence near citizens, it is allowed by the law to arrest a person committed offence and take him to the police station imediately. People who make an arrest are allowed to use a little force to control an arrest when happen he resist an arrest but at the same time, an excessive force is not allowed to be used to affect an arrest because that person is still an arrested and should not be treated as a convicted one who has done illegal act. This is to preserve Article 13 6 (b) of The Constitution of United Republic of Tanzania which state that, “no person charged with a criminal offence shall be treated as guilty of the offence until proved guilty of that offence”.[23]

Arrest by private person methioned under section 16 (1) and (2) of Criminal Procedure Act which state that;

16.(1) “Any private person may arrest any person who in his presence commits any of the offences referred to in section 14. (2) A person found committing an offence involving injury to property may be arrested without a warrant by the owner of the property or his servants or a person authorised by the owner of the property”.

Arrest by magistrate also authorized by the law under section 16 and 17, a magistrate may order an arrest of a person who is suspected to have committed a crime, the order of the magistrate or a court must be executed by the police officers within a reasonable time as prescribed by the notice they received from a magistrate. Also a magistrate is authorized to order arrest of a person who committed an offence in his or her presence as provided under section 17 of CPA.

After arrest of a person who is said to have committed a crime and taken to police station, other steps may follow as investigation through questioning an accused (detention and interrogation), the detention for investigation is always 4 hours and addition of 8 hours if the investigation is not complete. After all those procedures, an accused is to be released[24].

b. detention and interrogations

Detention is the process when a state or private citizen lawfully holds a person by removing his or her freedom of liberty at that time. This can be due to (pending) criminal charges being raised against the individual as part of a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation, or as punishment for a crime[25].

Interrogation is interviewing as commonly employed by law enforcement officers, military personnel,and intelligence agencies with the goal of eliciting useful information. Interrogation may involve a diverse array of techniques, ranging from developing a rapport with the subject to outright torture[26].

In United Republic of Tanzania, detention and interrogation is legally recognized under the law and it is done only where it is necessary to do so. A person who has committed an offence is always held under custody so as to allow the police to conduct investigation and to prevent an arrest to interfere with evidence when set free. Other reasons on why arrests may be detained is because the offences they committed are un-bailable offences as provided under section 148 (5) of the Criminal Procedure Act. Detention must made only when there is a reason to believe that, setting free an accused may interfere justice. Also not all environments where a suspect accompaned by police officers can ammount to detention as provided under the following sections of Criminal Procedure Act[27].

Section 5 of Criminal Procedure Act provide that;

5.-(1) “For the purposes of this Act, a person shall be under restraint if he is in the company of a police officer for a purpose connected with the investigation of an offence and the police officer would not allow him to leave if he wished to do so, whether or not the police officer has reasonable grounds for believing that that person has committed an offence, and whether or not he is in lawful custody in respect of the offence”.

(2) “For the purposes of this Act, a person shall be in lawful custody if he is under restraint– (a) as a result of his having been lawfully arrested; or (b) in respect of an offence and the police officer– (i) believes on reasonable grounds that he has committed the offence; and (ii) would be authorised under section 14 to arrest him for the offence”.

 (3) “A person shall not be under restraint if he is in the company of a police officer by the roadside whether or not he is in a vehicle, for a purpose connected with the investigation of an offence, not being a serious offence, arising out of the use of a motor vehicle”.

(4) “For the purposes of this section, a person shall be deemed to be in the company of a police officer for a purpose connected with the investigation of an offence if the person is waiting at a place at the request of a police officer for that purpose”.

The Police have no general power to detain suspects for the purposes of questioning.  Once a person is under arrest they may be detained by police for a period of up to 4 hours to enable police investigations to continue. Police can only lawfully detain a person for longer than 4 hours by applying for a warrant which, if granted, can authorize an additional 8 hours detention. It should be noted that the time a person spends in police custody in this initial period does not include ‘time outs’ which are times taken to, for example, arrange, wait for and communicate with support person, lawyer, doctor, interpreter or embassy official or recover from the effects of drugs or alcohol. Time outs cannot exceed 2 hours; if they do they will become part of the 4 hour investigation period. At the expiration of the reasonable period up to 4 hours, or as extended by warrant, police must either charge or release the person.^[28] If the person is charged the issue of bail will then be considered. When arrested and taken into police custody the accused has the right to remain silent and not to answer any questions put by police unless specifically compelled to do so by law because of the specific nature of the offence. For example, the right to silence has been diminished in relation to terrorist related offences. Suspects in such cases are required to answer police questions. Offences in relation to motor vehicles also bring with them certain disclosure requirements as referred to above under police powers[29]. 

c. search and seizure

In England, the police have no general power to search a member of the public. Police do have the power to stop and detain a person for the purposes of a search if they have reasonable grounds to suspect that the person is carrying illegal articles, such as drugs, on their person or in their vehicle or boat. Reasonable grounds have been held to mean more than a mere possibility but less than an actual belief,  if police have been given special public disorder powers they have the right to search a person or vehicle if they are on a ‘target road or area’^[30]. When police undertake a search of a person who is not under arrest, in the normal course this may involve a pat down and request to remove outer garments. In America the Police are also use an electronic metal detection device and examine a person’s hair and inside their mouth. A strip search must be justified by a genuine belief by police that it is necessary and as far as practicable should be undertaken by an officer of the same gender and with as much privacy as possible. Additionally, a person must be told the reason for the search and given details of the police officer performing the search.^[31]  In Asia especially in China and Japan the Police are using specially trained drug dogs in public places like railway stations and music concerts. If the dog’s reaction indicates that a person might have drugs then that provides grounds for the police having ‘reasonable suspicion’ and authorizes police to search that person, Once a person has been arrested, police have the power to search that person.

In United Republic of Tanzania, search and seizure is legally accepted under various conditions, a search can be done by a police officer to an arrest or suspected person by searching his or her body, his or her belongings, a car of a suspected and other things connected to a crime. An authority to conduct search is provided under section 24 of the Criminal Procedure Act which provide as following;

Whenever a person is arrested–  (a) by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or (b) without a warrant, or by a private person under a warrant, and the person arrested cannot legally be admitted to bail or cannot furnish bail, the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom that private person makes over the person arrested, may search such person and place in safe custody all articles, other than necessary wearing apparel, found upon him[32].

The provision allow a police officer to search and seize any materials which look likely to be connected to a crime.

A search can be done to a body of a person and his or her belongings, the search for a male suspect must be done by a man and a woman suspect must be searched by a woman police officer, section 25 and 26 provide that, also under section 26 of Criminal Procedure Act[33], a police officer is allowed to detain any weapon connected to a crime. Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

d. taking body tissues

Section 59(1) of the Criminal Procedure Act showing that when police officer conducting  investigation in the cases like theft and murder, a police officer must insure that he take evidence include  toes, finger prints, photography  in order to make identification of  the person according to section 59 (1) police officer  in charge  of the police station have been given power to take samples from hands, feets, fingers, toes, recoding of the voice, photograph, sample of the hand writing for the purpose of the court[34].

The issue of taking someone’s body tissues must be done with respect and a person must be informed that he or she is to give those body samples as required by the law, if a suspect resist to co-operate the police officer may use another way to get such evidence, it is totally forbidden to trespass on someone’s body without his or her permission.

ii. The Constitution of United Republic of Tanzania

As we all know that, constitution is the major law of the country[35], it provide general things which control all other laws and those laws must correspond to the constitution to be valid. Constitution include all things to be done in a country in general, but there are other laws which go together with constitution. Some Articles in Constitution tells a little on matters of investigation and rights of people and there are clawback clauses which direct or refer to other laws.

Article 13 (6) (d) of The Constitution of United Republic of Tanzania provide that;

“for the purposes of preserving the right or equality of human beings, human dignity shall be protected in all activities pertaining to criminal investigations and process, and in any other matters for which a person is restrained, or in the execution of a sentence”.

This wants the agencies deals with justice to do their jobs fairly and not to harm people  maliciously for their personal interests. Also, human dignity should be protected to ensure peace and harmony. This reminds agencies like police offficers to conduct their duties by following the law and not exceed their limits and harm people.

Human dignity shall be protected in all activities pertaining criminal investigations and all other activities when dealing with criminal matters.

iii. Police Force and Auxiliary Service Act

The police force established by G.N[36], and the laws governing police force include Police Force and Auxiliary Service Act, Criminal Procedure Act and some provisions of Articles of the Constitution of United Republic of Tanzania[37]. Police officer” means any member of the Force of or above the rank of constable, and there are divisions of police officers according to ranks.

The Police Force and Auxiliary Service Act[38], it give duties to the police force. There are many duties imposed to police department but one of those duties is to conduct investigation relating to crimes committed so as to collect evidence to prove their charges before the court. Section 5 (1) of the Act providing on duties of the police force, provide that;

“The Force shall be employed in and throughout the United Republic for the preservation of the peace, the maintenance of law and order, the prevention and detection of crime, the apprehension and guarding of offenders and the protection of property, and for the performance of all such duties and shall be entitled to carry arms”.

As the section provide, the police officers are given duty to preserve peace, maintain law and order, prevention and detection of crimes or investigation which is our main topic of a research and detention together with other duties.

Under sub-section 2 of section 5 of the same Act, the law legalize the police officers to carry arms in their duties, also as an officer of the police, you are suppose to be ready to work any part of United Republic of Tanzania land and on board of ships if necessary but within the borders of United Republic[39].

iv. People’s Militia Act

 

People’s Militia Act [40] Under section 2 define Peoples Militia” to mean an organised group of the people of the United Republic, operating with the authority of and under the aegis of the Government and which is receiving any military training or participating in any military, quasi-military or law enforcement exercise for the protection of the sovereignty of the United Republic or for the protection of the people or the property of the United Republic, by whatever name known, whether as Wasalama, Sungusungu or any other, but does not include the Police Force, any arm or branch of the Defence Forces, the Prisons Service, the National Service or the Immigration Services[41].

Their duties look the same as police officers but there is some difference between them according to the laws governing them and the status that, the peoples militia activities must be reported to the police posts, but police officers they are free to decide to involve community militia but they are not forced to do so[42].

Since the peoples militia operate likewise the police in sometime, they also have a duty to conduct investigation  on some matters according to the nature of offence. People in most of these security social groups are un-educated and they cannot afford to conduct each and everything on their own without the assistance of the educated police officers.

The common names of these social security groups in Tanzania include, sungusungu, wasalama, polisi jamii, wachanje, mgambo and all other names that are used by the people depending to their locality and tribes. The most big challenge of the peoples militia is that, they lack skills of dealing with criminal matters, also they are not aware of the laws applicable in criminal matters and lastly they tend to cause death to an innocent civilians because of their incapacity in police profession[43].

v. The Ward Tribunals Act

The Ward Tribunals Act[44] give power to the ward tribunals to deals with disputes resolutions at their localities, members of the tribunal according to the law are suppose to be the citizens of Tanzania and the residents of a ward that a tribunal has been established for the purpose to be able to make good decision since the people who bring disputes are from the same community as the members of the tribunal. In conducting its purpose sometime the tribunals fail to reach a decision which is acceptable by all parties of the dispute and if such circumstance happens, it open space for a matter to be taken to the court of law through police involvement.

If the matter failed to be resolved in a tribunal and taken to police for the further step, during instituting a case at the court, the police officers accompaned by the members of tribunal may work together to collect informations from the begin of the matter and the whole process to take a matter to a tribunal and failure of tribunal to resolve dispute until the matter reach to the court of law. All necessary documents to prove the failure of tribunal must be submitted before the court and all those procedures may be determined as an investigation.

Nowdays the powers to help police and collect some informations are granted to the ward tribunals, offences like murder and armed robbery always involve the close involvement of the ward tribunals to identify a body of a dead person, or to identify owner of the properties stolen in case of armed robbery. Section 8 (1) of The Ward Tribunal Act[45], give duty to the ward tribunal to ensure peace and harmony in the society through fairly resolution of disputes which also involve the process of conducting investigations.

 The section provide as follows;

“The primary function of each Tribunal shall be to secure peace and harmony in the area for which it is established by mediating and endeavouring to obtain just and amicable settlement of disputes”.

In process of solving disputes one must conduct investigation personally or under help of a certain agency, also since the tribunal is connected to the organs of justice, it must be close connected to police so as to work together in matter that want their participation.

2.6.2 INTERNATIONAL LAWS

i. The Universal Declaration of Human Rights (UDHR)

The Universal Declaration of Human rights[46] provide that, “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence”.

This provision tries to protect people from being treated as guildy before the investigation to be done and before the decision of the court regarding the evidence revealed by investigation. The human rights are universally accepted according to the international treaties, as per Article 11(1) of The Universal Declaration of Human Rights, all members ratified this declaration are bound to comply with such provision in their domestic laws[47].

2.7 Conclusion

Investigation si not a one day duty, it needs many and enough time to be completed, but not only that, investigation need enough investment especially to skilled personel on investigation matters and the instuments for conducting investigating activities.

Not only that, the co-operation should be improved before the countries so as to enable them to share knowledge on investigation matters. The countries like America, China, Russia are too further developed in science of investigation amd due to that, the countries like Tanzania must establish a program to enable the good co-operation on such matters.

Lastly, the international organizations or unions like UN, must look again to introduce new treaty regulating matters of investigation. This means to establish a treaty which only deals with investigation and which start duty to collaboration and co-operation of investigators worldwide and to establish an international team of investigators as the INTERPOL (International Police) for the purpose of conducting investigation. This will help a lot to reduce the delays of criminal cases at the courts of laws for a reason that the investigation is not complete, also the existence of international investigators will help to curb problem of investigation failure on the internal investigators because the international investigators may be invited to conduct investigation on their behalf, this makes internal investigators to work hard to avoid their status to be taken down by the international investigators.

3. CHAPTER THREE

3.0 CHALLENGES CONTRIBUTING TO THE DELAYS OF INVESTIGATION IN CRIMINAL CASES (TANZANIA)

3.1 INTRODUCTION

In United Republic of Tanzania, the police officers are the one who has been given legal power to conduct investigation[48]. Not only police officers with such a duty, but also there are other organs, institutions and private people who may conduct investigation under authorization of police department. Investigations by police officers in United Republic of Tanzania face a lot of challenges which lead to the delay of collection of evidence and result to the delay of criminal cases in courts. Some of the challenges include shortage of investigation equipments, few skilled personnel on investigation, budget issues, poor investigation techniques, low level of science and technology, poor records preservation, corruption, politics, reluctant of citizens to participate in investigation issues, poor infrastructure and remote areas and Medical issues.

3.2 Politics

Without any doubt, we all know that the government in United Republic of Tanzania and many other of the world originate from politicians. Take an example, a president, prime minister and other ministers are politicians who control a number of institutions and departments in Tanzania. There is a huge chance for them to influence the police officers either to hide evidences or not to conduct investigation at all for their own benefits, due to this situation, sometime the investigation delays due to politics.

Section 7 (1) of The Regional Administration Act[49] impose powers to regional commissioners to order police officers to arrest and detain people, and sometime RCs and DCs are members of political parties and they may use such powers to order arrest and detention of other politicians from other political parties for political reasons. These instances are common in regions like Arusha, Kilimanjaro and Dar es salaam where there is a huge number of members of other political parties like Chama Cha Demokrasia na Maendeleo, Cuf and Nssr Mageuzi, these are places where you may find the influence of politics in the delaying of investigation[50].

In other ways, the politicians who are in control of police department, when happen a member of other political parties apart from Chama Cha Mapinduzi commit a crime they may use that chance to force the police officers not to take investigation quickly so as to make a person under custody suffer locked for a long time. In Director of public prosecution v. Godbless Jonathan Lema[51], a member of parliament through Arusha urban constituency, it took a long time for an arrested person who was mr lema in prison for a fact that the investigation was not complete and the conditions for bail was not attained by an arrested person. There is a huge chance to understand that, all the matters happened because of the influence of politics.

3.3 Citizens reluctant to participate in investigation issues

Citizens are the people who are too close to the wrong doers because they live with them at the societies, if there is good participation of civilians in investigation the issues of delay in collection of investigation may be perished away. There is no good relation between society and police officers in Tanzania[52].

In United Republic of Tanzania, it has been a culture where there is always no good relation between police officers and citizens. This is a product of police conducts to people. Most of the police officers in Tanzania treat citizens very bad when it comes time of arrest or interrogation at police stations. Not only that, some people get prosecuted maliciously under politics or economic reasons and get convicted sometime. Police officers kills citizens un-armed in legal demonstrations where the use of fire arms is prohibited under the law, police officers kill arrest under custody as experienced many times in United Republic of Tanzania[53].

Few months ago in Dar es salaam, police officers caused a death of a University student who was a student at University of Dar-es-salaam her name called AQUILINA AQUILINE. A deceased person was in the bus where police officers opened fire direct to the bus and one bullet shot and killed her within the bus. That is not enough, there was no suit instituted against the offenders who used armed force against un-armed civilians, but after one month comes on news that, the weapon used was not of police officers and the bullet fired from a gun which is not among the guns of the police. Not enough, to cover up all their mess, they declared to the public that the investigation department has failed to determine the killer who caused the death of that university student.

3.4 Few skilled personnel on investigation

Investigation is a field which need skills and experience in performing its activities, as other professions a person must be skilled to conduct particular activities likewise to investigation activities, a person need to be skilled to be able to collect admissible evidences for the prosecution purposes[54].

In United Republic of Tanzania, we have few skilled people who specifically conduct investigation. In Tanzania, most employees of police department are form four leavers and form six leavers and few diploma and certificate holders. Due to this situation it is very difficult to have many investigators to conduct investigation activities. Sometime police department tend to hire foreigners for the investigation purpose in Tanzania[55].

3.5 Poor infrastructure and remoteness areas

Section 10[56], grant power to the police officer quickly after receipt of information relating to crime, he/she should start conducting investigation. In addition, investigations always start at the date where a crime has committed by visiting a crime scene to take some samples for test.

Take an example, a crime which has been committed within interior regions where there is no good infrastructures and police stations nearby, it may be a problem to the police officers to reach the places for investigation, this cause interference after citizens without knowing trespass the crime scene and destruct the whole evidence of the crime[57].

Take an example SINGIDA MUNICIPAL[58], there is very few number of police stations and police officers, also most of its areas are remote due to low population, the settlements are scattered and some areas do not have police stations at all and when happen crime it may take to number of days for police officers to be there. And the situation led to the delay of investigation because being late itself at a crime scene led to the destruction of evidence at scene.

3.6 Corruption

Corruption is a disease to all countries worldwide. In Africa it looks like the problem is serious because it does not impact only investigation but it also impacts many other organs of the state. Always the problems of corruption lead to injustices in all aspects of life[59].

In investigation due to the influence of money, some police officers may tend to play with evidence collected or they may conduct investigation roughly for the purpose of hiding important information which may lead to the conviction of their illegal clients. In Republic V.  NDESARIO PALANJO[60]  the police officers collected 20 litres of local bear as evidence but during proceedings, the police officers submitted 19 litres of local bear and that evidence was held in-admissible for being different from the evidence collected during search and seizure.

In United Republic of Tanzania, it is an offence to a police officer to be engaged in corruption, also it is an offence to destroy or fabricate evidence as provided in Penal Code[61]. Any police officer who engages himself in such activities, he/she suppose to be punished accordingly to the law.

In a case of R V. AIKAELINKO[62], an accused person was charged with armed robbery, and the police officers collected a number of evidence connected to a crime but later during proceedings, not all evidences submitted before the court, and the submitted one was inconsistence and not enough to convict an accused. A court rejected some evidences and unvalued the claims by the prosecutor, it regarded that there was some elements of corruption where the police officers engaged in detaining the stolen properties for their person benefit.

3.7 Budgetary issues

In United Republic of Tanzania, the police department has really very narrow budget for the purpose of conducting investigation activities. The police activities need financial power to enable investigations, purchasing of new technological equipments and paying some necessities which is temporary and necessary[63].

Budget of internal affairs ministry and nation at large is very narrow to allow recruitment of new officers to increase power in the police force especially investigation department. Due to a narrow budget, all investigation activities tend to be performed below quality and no successful suit to the government due to poor investigation[64].

3.8 Shortage of investigation equipments and poor investigation techniques

Shortage of equipments include, cell phones, vehicles, storage cases for storing evidence, and other equipments necessary for the investigation activities. Also there is problem where there is no enough police stations and lock-up rooms to separate women and men[65].

Most of police stations in Tanzania tend to have very bad condition due to the buildings constructed a long time ago and become exhausted. No repairing of such buildings and some buildings has collapsed and killed people[66].

Without good working conditions to the police officers concerning houses, offices, and other necessities, good investigation goals will not be reached, no one can work good to a place with a poor working condition. Also government must re-think to increase salaries of police officers so as to reduce issue of corruption[67].

3.9 Violation of the Procedure governing investigation and it’s effects

3.9.1 Violation of the Procedure governing investigation of Criminal Cases

i. In arrest and detention, police officers are required to work in accordance to the laws, the arresting and detention activities must be exercised with enough care so as to avoid destruction of investigation. Some situations have been reported where police officers beat and harm arrests and sometime they cause death of arrests even before taken to the court. If an arrest dies even before a suit has been instituted to the court due to the bad treatment under police officers, a case is over and investigation is useless. A main purpose to arrest and detain people is to allow investigation to take place and prevent interfering of witness and evidence by arrests. Police officers must follow all requirements of the law so as their investigation to be of high quality[68].

In a Civil Procedure Act[69] under section 40, 41 and 42, search activities should be conducted in accordance to the law. Search is a party of investigation which aim to reveal hidden evidence connected to the crime. Due to this, the police when happen they conduct such activities without following settled rules, there must be problems in their investigation and the product of investigations will be un-acceptable because it was obtained illegally.

ii. In interrogation, the police officers are guided by the law that; during interrogation the police officers are not allowed to use much force to get information from an arrest, they are guided under laws not to use an undue influence or cheating so as to get information from an arrest or accused. They are given discretion on using their own mind to handle the situation when conducting interrogation. When happen a police officer, use too much force affecting an arrest or using an undue influence to get information from an arrest, it is against the law and the use of this evidence is illegal because was obtained by procedures not stated in the law[70].

Example a police who use a soaked bloody piece of cloth to threatens an arrest that there was a person who got beaten in custody before his arrest, and when that person give information under that influence, it is in-admissible evidence under the law because such information obtained illegally and not acceptable under our laws.

3.9.2 The outcomes to the delays in investigation of criminal cases in Tanzania

As we all know that prosecution go together with good evidence to prove allegation, the prosecutors need to conduct investigation for the purpose of collecting evidence. Always when investigation conducted below quality or it takes a long time to conduct investigation due to a number of reasons, there must be effects in a legal system. The effects of delaying of investigation in criminal trial include the following, elongation of time of cases at courts, it contravene constitution specifically the bill of rights, expenses increase in conducting investigation, Limitation of instituting suits, staying too long in custody, Distortion of evidence for both the prosecution and defence, accused person lose money and time dealing with a suit for a long time and suits dismissal.

i. Elongation of proceeding at a court.

For a prosecutor to prosecute successful, evidence needed to achieve successful prosecution. When a prosecutor arrest and take a person to court without evidence it is likely for a court to adjourn a case to allow prosecutors to collect evidence, this situation elongate a time of conducting hearing of a case and it may take a longtime to reach the end. In some circumstances, an  accused person tend to take many years before reaching the end of a suit for a fact that the evidence is not complete[71].

In a case of R v Tabu Msomi and others[72], the accused person spent ten years under custody and later released from prison. He was charged with murder on 06.01.1993 in which they were committed for trial in High Court on 21.01.1997. The case adjourned since the investigation was not complete, after three years later, the accused people released from prison since there was no case to answer. You can see in this country, people can serve all years of punishment in prison before the actual court order to imprison them, it is a problem which always caused by the police failure to complete investigation within a reasonable time.

ii. It contravenes Constitution of United Republic of Tanzania specifically the bill of rights.

Article 15 of the constitution provides that, “15.-(1) Every person has the right to freedom and to live as a free person. (2) For the purposes of preserving individual freedom and the right to live as a free person, no person shall be arrested, imprisoned, confined, detained, deported or otherwise be deprived of his freedom save only- (a) under circumstances and in accordance with procedures prescribed by law; or (b) in the execution of a judgment, order or a sentence given or passed by the court following a decision in a legal proceeding or a conviction for a criminal offence.”

Article 17 of the same constitution provides that, “17.-(1) Every citizen of the United Republic has the right to freedom of movement in the United Republic and the right to live in any part of the United Republic, to leave and enter the country, and the right not to be forced to leave or be expelled from the United Republic. (2) Any lawful act or any law which is intended to - (a) curtail a person’s freedom of movement and to restrain or imprison him; or (b) limit a person from exercising his freedom of movement so as to - (i) execute a judgment or court order; or (ii) compel a person first to comply with any obligations arising under another law; or (iii) protect public interest in general or preserve certain special interest or interests of a certain section of the public, such act or law shall not be construed or be held to be repugnant to or inconsistent with the provisions of this Article.”

A constitution prevent arrest, detention, deportation and any act which remove freedom of a person only allowed in accordance to the law, yes I can accept that a person can be held under custody in exercising a certain law but it should not be a long time which may affect parties of the case. In some cases, accused stayed in custody for more than five years and lastly acquitted for a reason that there is no enough evidence and no case to answer. In the case of R v Marco Anael[73] took three years waiting investigation to be complete, the accused person put under custody awaiting investigation to be complete. After three years of investigation, court acquitted that person since there was no enough proof by the prosecutors to prove offence alleged to have been committed. You can see in this case, a person wait in prison for three years awaiting investigation to be complete.

In case of Anaeli Masawe v. R[74] took four years waiting for investigations to be completed. Five percent of detainees held in remand were ultimately convicted, and often those convicted had already served their full sentences before their trials were concluded estimated that it took up to five years for homicide cases to reach the high court [75].

iii. Expenses increase in conducting investigation.

Investigation activities need tools, time and other expenses, any investigation which is capable to be conducted within few days help to reduce cost and to speed up the proceedings at court. I don’t say that investigation should be conducted quickly, but at least investigation activities should be done in a reasonable time to prevent cost and injustices which may happen due to the delaying of investigation.

In USA and EUROPE, an investigation field has developed a lot, in crimes like armed robbery, murder and other offences which always committed in public spaces it is very easy to them to know offenders because most of their streets are fixed with CCTV CAMs for a purpose of security. It is very different to other countries where the investigation is typical manual where investigation always takes a long time to be complete[76].

iv. Distortion of evidence for both the prosecution and defence.

The Commonwealth Conference on Fair Trials in November 2002 concluded that, “long delays in complex criminal trials can be unfair because evidence for both the prosecution and the defence can be lost or forgotten over time.” A person who reason things in a good way can openly tells public that, a suit which take a long time due to investigation give chance to both parties either to interfere or fabricate evidence, to coach witnesses and any other activity which may destruct a suit. Destruction of evidence is the same as destruction of a suit itself because no decision can be made by the court without seeing supportive evidence of prosecutors to prove allegation instituted against accused person[77].

a. fabrication of evidence

Fabricated Evidence is fictitious testimony or documents offered to a court or jury in order to mislead them. Fabricating evidence involves arranging or manufacturing circumstances or indica, after the act is committed with the intention to use them as evidence and make it appear accidental. Such evidence may be wholly forged and artificial, or it may consist in so warping and distorting real facts to create an impression in the minds of those who observe them as true and genuine[78]. Also, fabricated evidence can be defined as information created or obtained illegally, to sway the verdict in a court case. Falsified evidence could be created by either side in a case (including the police/prosecution in a criminal case), or by someone sympathetic to either side. Misleading by suppressing evidence can also be considered a form of false evidence (by omission), however, in some cases, suppressed evidence is excluded because it cannot be proved the accused was aware of the items found or of their location. The analysis of evidence (forensic evidence) may also be forged if the person doing the forensic work finds it easier to fabricate evidence and test results than to perform the actual work involved. Parallel construction is a form of false evidence in which the evidence is truthful but its origins are untruthfully described, at times in order to avoid evidence being excluded as inadmissible due to unlawful means of procurement such as an unlawful search[79].

Under the laws of Tanzania, it is an offence to fabricate evidence as provided under section 106 of Penal Code[80].

b. destruction of evidence (spoliation of evidence)

Is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding. Spoliation has three possible consequences, in jurisdictions where the (intentional) act is criminal by statute, it may result in fines and incarceration (if convicted in a separate criminal proceeding) for the parties who engaged in the spoliation; in jurisdictions where relevant case law precedent has been established, proceedings possibly altered by spoliation may be interpreted under a spoliation inference, or by other corrective measures, depending on the jurisdiction; in some jurisdictions the act of spoliation can itself be an actionable tort The spoliation inference is a negative evidentiary inference that a finder of fact can draw from a party's destruction of a document or thing that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding: the finder of fact can review all evidence uncovered in as strong a light as possible against the spoliator and in favor of the opposing party[81].

Destruction of evidence is punishable under the laws of Tanzania, section 109 of Penal Code[82] direct that, “A person who, knowing that any book, document, or thing of any kind whatsoever is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, commits an offence”.

c. coaching witnesses (conspiracy to defeat justice and interference with witnesses)

Coaching witnesses is allowed under the laws of various countries, but there are limitations imposed to guide a lawyer when exercising his duty to coach a client. It is allowed to coach a witness on how to make presentation or oral submission during proceedings or how to rebuttal some facts in court but a permission to coach a witness by a lawyer should not exceed to influence a witness to submit wrong information or evidence which may interfere the administration of justice.

The laws of United Republic of Tanzania, Penal Code[83] under section 110 (a) and (b), a law state clearly that, “A person who– (a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course of justice; or (b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or attempts to do so, commits an offence and is liable to imprisonment for five years”.

Any person who engage him/herself in coaching witnesses or parties to give cheating statement, or maliciously force/cause dis-appearance of a witness at a court commit offence and he/she may be imprisoned and if is an advocate who commit such offence, there may be more consequences in his legal practices like losing certificate of practicing as an advocate.

v. dismissal of criminal cases

Dismissal of criminal case means a court of law by regarding a number of reasons, tend to declare an instituted suit invalid and strike it out as a case constituted not in a legal prescribed manner. Not all cases reach the end, but some of it ends early after its institution in a court of law before judgment or after a judgment which dis-miss a case. There is number of reasons which may cause a case to be dismissed by a court, include the following: no evidence to prove allegation (delay of investigation), illegal arrest, detention and search, fabricated evidence, defective charge sheets, and if procedures used by a prosecutor breach constitutional rights of a defendant[84].

a. No evidence to prove allegation (delay of investigation)

A case can be dismissed by a court if there is no enough evidence to prove the allegations. It is a principle that “he/who alleges must prove” and due to this principle a prosecutor is acquired by the law to prove allegation because it is their duty. It is not a duty of a court to investigate, it is a duty of a court to conduct hearing and dispense justice, when prosecutors fail to prove the charges a court may dismiss a case with or without prejudice. When happen a court dis-miss a case with prejudice, it means a case is over and such charges must not be instituted before the court on a same person and same grounds. But when a case has been dismissed without prejudice, there is a chance to a prosecutor to open a case again on a same person and grounds under the order of the court[85].

 b. Illegal arrest, detention and search

An arrest is the act of depriving people of their liberty, usually because they have been suspected of committing or planning a crime. An arrest results in a person being taken into custody, usually at a police station, where they can be questioned further and/or charged[86]. Under Criminal Procedure Act[87] an arrest can be made with warrant or without warrant. If a police suspect a person committed a crime and there is no arrest warrant which has been issued by a magistrate or court, a police is allowed to arrest. When a police officer arrest a person after elapse of time of execution of arrest warrant from a court it may be a little problem because an act may be considered illegal and in some circumstance it may led to the dismissal of a case[88].

c. detention is the process when a state or private citizen lawfully holds a person by removing his or her freedom of liberty at that time. This can be due to (pending) criminal charges being raised against the individual as part of a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation, or as punishment for a crime[89].

Apart from un-bailable offences, a person suppose not to be held in custody for more than 24hrs from a time of arrest, within 24hrs a charge sheet must have been taken to the court for proceeding. If happen police officers fail to bring an accused person to the court within a reasonable time as provided under section 32 (1) of Criminal Procedure Act[90], a suit which may be taken to the court later about a person who was illegally held for long time, there is a huge chance for a court to order acquittal of a person and dismiss a case.

d. search can be done to a body of a person and his or her belongings, the search for a male suspect must be done by a man and a woman suspect must be searched by a woman police officer, section 25 and 26 provide. Also under section 26 of Criminal Procedure Act[91], a police officer is allowed to detain any weapon connected to a crime. Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

Under the sections outlined above, if a man happen to search a women or a women police officer happen to search a man it is clear that such actions will be considered against the law and no justice can be available by using unjust measures.

 e. defective charge sheet

A charge sheet is a form or document which contains particulars of an accused person include full name, religion, sex, physical address, and marital status. Also a document must contain an offence alleged to be committed by an offender and provision of the law against such offence. If charge sheet lack such important elements of a charge sheet or if a section wrongly cited in a charge sheet, there is huge chance for a suit to be dismissed.

3.10 Conclusion

Causes for the delay of criminal investigation may originate from many different sources, civilians who don’t participate in investigation activities are among the people who contribute failure of criminal investigation, there must established new ways to convice civilians to participate in criminal investigations. Conducts of police officers must be put to good care because some of them torture and humiliate civilians which create bad relation between police officers and citizens.

4. CHAPTER FOUR

4.0 CONCLUSION AND RECOMMENDATIONS

 

4.1 CONCLUSION

A problem of delay of criminal investigation began many years ago during colonial era in Tanganyika now Tanzania. An issue of investigation established and implemented in accordance to the laws existed in colonial period in Tanganyika, as we all know that the colonialists came in Africa not for the benefit of Africans but they came for only one purpose, “to exploit African natural resources” and on that ground there was nothing better of foreigners rather than destroying leadership, economy, technology and science of Africans so as to impose their ideologies of exploitation. In regarding their intention in Africa, colonialists adopted their laws from their countries of origin and imposed it to be used in colonies and they enacted some other laws and regulations which aimed to conflict minds of natives and support their exploitative activities. Take an example of kipande system in Kenya and Uganda, all the civilians were required under the laws to acquire kipande as an identity of a legal citizen in the colony. Not only that, the citizens were required to work in the colonialists farms for the purpose of gain and pay tax which was only required to be paid in cash. They had no choice on that and most of them got humiliated enough by the rulers[92].

Colonialists enacted various laws which justified their sin against Africans, after independence many African countries adopted the foreign laws and such laws continued to be in force during independence until today, not all colonial laws were accepted by governments in Africa (destitute person’s Ordinance was rejected), some laws were denied totally, some got little amendments to correspond with the situation existed, but all in all some laws still have colonialist’s elements in it[93]. After independence of Tanganyika in 1961, and since there was no enough time to change entire system of the country at one day, a country continued to use a same system of justice left by the colonialists, laws which were adopted in Tanganyika after independence, most of it still in force until today and all the elements of exploitation in laws may still exist apart from those laws which we are sure that the amendments has been clearly done.

An issue of delaying of investigation in criminal suits is a problem worldwide, but in under-developed countries this problem is serious. Investigation is a field which is connected to many other things in it’s implementation, a person with a good reasoning mind may easily sense that, conducting of investigation not only need professionals or skilled personnel for such activity but also many other things needed in investigation activities. Investigation activities always clearly connected to economy of a state or country, many developed countries have enough pockets to finance investigation activities which always utilize money and take time. Due to this, a person who reasons well may easily determine that without enough fund in investigation, poor results of investigation guaranteed, and always poor countries like those in ASIA and Latin America tend to have problems in the system of justice due to the delays of investigation[94].

Also delaying of investigation in criminal suits may be connected to human conducts both to citizens, police officers and other people with authority to deal with investigation. Why Human conducts? Take an example of corrupt officers who intervenes a system of justice maliciously for their personal benefits, there some police officers who are ready to take money from offenders for the purpose of destroying evidence as to save them from a hand of law. On another hand, conducts of civilians especially in participation in investigation may bring positive results if the police officers allow citizens to participate in investigation, some citizens are willing to participate in helping officers to conduct investigation but some officers tend to mis-treat the citizens and that’s why some other citizens do not like to participate[95].

Killings by police officers remove community trust to police officers, in Tanzania there has been reported many occasions where police officers used excessive force and caused killings or badly body harm to citizens[96]. It was reported in 2018 January in Morogoro that, a man who was under detention of police officers died a short time after being released from custody. Also in Dar es salaam, police officers caused death of a university student by gun shot in her head, and there is no any measures taken to punish those who did that offence. Later the police force came to public and without shame they stated that they failed to know where the shot killed a girl came from and no charges or suit was instituted before court in accordance to the event. All the situations remove community trust to the police officers and when happen there is a need of help from citizens in investigation most of the civilians are reluctant to participate because they fear to cause problems to themselves.

The research also revealed some legal provisions governing investigations and proceedings, though it is seen that they contained lacuna in the sense that they do not provide for time frame within which the investigation shall be completed or the committal order shall be ready for accused person.

4.2 RECOMMENDATIONS

Investigations by police officers in United Republic of Tanzania face a lot of challenges which lead to the delay of collection of evidence and result to the delay of investigation in criminal cases in courts. Some of the challenges include shortage of investigation equipments, few skilled personnel on investigation, budget issues, poor investigation techniques, low level of science and technology, poor records preservation, corruption, politics, reluctant of citizens to participate in investigation issues, poor infrastructure and remote areas and Medical issues[97].

As to the challenges face police officers investigation in Tanzania which led to the delay of cases, the following are measures to be taken by government, institutions of investigation and citizens in resolving a problem of investigation delay and prevent harmful outcomes of delay in investigation.

4.2.1 Adequate budget to the police force department

A police force department needs sufficient budget for a purpose of suitable conduction of its duties. The police force department needs cars, weapons, uniform for officers, office and residential houses for officers, services like electricity, water and health care to the police officers and money for emergency situations. Without enough budget that is to be given to the department then we cannot guarantee to have quality activities of police officers[98].

An issue of budget is connected to the economic status of a nation, those countries with high economy tend to have good division of funds to the institutions in a country[99]. Likewise to those poor countries it is very difficult to satisfy each institution in term of money, what a government has to do is to direct money to the important institutions first than dealing with other things helpless to a state. Most of governments in Africa deal more with political matters and they tend to direct a lot of money to achieve their political goals rather than investing money in important areas like security and safety of the country. No country can achieve economic development if security is a problem in a country. Traders need security to conduct their trading activities effectively, students who we expect them to be experts in different areas need security to achieve their goals in education and all other economic activities need security for it’s good performance. So, security first then other things may follow[100].

4.2.2 Sufficient education regarding investigation

In Tanzania we have a problem of few educated officers particularly in investigation field. Apart from a basic education that every police officer is required to be attained by him, there is a special education which only deals with typical ways of quality investigation. Most of officers in Tanzania are educated either form four or form six level and were employed with only that education and some of them get duties to conduct investigation and they tend to conduct investigation and collect in-admissible evidence because their education cannot be used in professional investigation activities[101].

To resolve this problem, a government must establish some new policies or improve the existing one in establishing a program where all police officers deals with investigation must be educated in conducting investigations. Also there must be programs for the officers to educate themselves when they are in service so as to improve their skills in police activities[102].

Government must establish a program which will make sure that each year there is a specific number of police officers who are to be sent abroad for education so as to improve their skills and learn new skills in investigation which will help our country[103].

4.2.3 Improvement of social services in rural areas

In United Republic of Tanzania there is a problem of poor and insufficient infrastructures, this problem is connected to a number of other problems resulted from poor infrastructures. Criminal investigations can be affected by a problem of infrastructures, take an example of remoteness areas where there is no sufficient roads or good roads to allow easy transport, where happen a crime in such areas it may take long time for police officers to reach crime scenes. Due to the delay to be at crime scenes, there is huge chance for civilians to destroy crime scenes and destroy evidence[104].

A government of United Republic of Tanzania must make sure that all areas where there is citizens, those areas must be connected by quality roads. In Tanzania, roads connect only cities and other important areas but other areas are left in poor transport include rough roads and seasonal roads in rain seasons no transport due to poor roads[105].

We all understand that, there are places which are geographically located at bad areas like rift valleys and islands where it is not easy to construct roads. In such places, a government must make sure to launch other modes of transport so as to connect the areas with social services. Areas with islands there must be put boats and other kind of vessels to help transportation, in places where areas are located geographically along rift valleys there must be air transport so as to avoid a problem of being un-connected to social services[106].

By doing all improvements in social transport systems, it will be at least easy for the public services to be available, also in conducting security activities and investigation activities to such areas it may be easy for the officers to reach the places and conduct their activities very smoothly since there is no transport barrier.

4.2.4 Independent police department

Police department is among governmental departments, police department perform its duties in accordance to the laws but they are legally bound to receive, and obey orders from ministers especially a minister of domestic affairs who has been given power by laws to make orders and change some systems in a police department, also to obey orders from president who is a head of state[107]. The ministers and president are political leaders, sometime these political leaders may mis-use their offices and use government powers for political benefits, in exercising that, these politicians may give orders to police officers to conduct their activities under their pressure. A connectedness of police department to political leaders in administration sometime cause interference by political leaders in actual responsibilities of police officers. Such interference may impact job and accuracy of results from officers activities.

This issue affect directly the activities of police officers, in some cases, the police officers are forced by their top leaders to submit before the courts defective evidence so as to rescue their friends from being punished in accordance to the offences they have committed. In some circumstances, some politicians from opposition parties get detained and maliciously prosecuted for political reasons[108].

To resolve a problem of politics interference in police activities, we need to cut some connection between police department and administration from political leaders. Laws should be amended to make sure that the powers imposed to some political leaders to control police are reduced to a minimum level so that to reduce un-necessary interference in police activities. Only ministers may remain with powers to control police department, but other public officers like District Commissioners and Regional Commissioners must be denied power to order and control police department since those officers with their narrow minds they use some un-necessary control to the police officers[109].

Defect evidence due to defect investigation can be caused by number of factors, but political influence in police activities is among the reasons or core factor for the delay of investigation or destruction of investigation and evidence. Politicians through their political powers and influence they may destroy evidence for the political benefits by interfering duties of the police officers and sometime they use threats to foce officers to do what they want.. The laws like Criminal Procedure Act[110] and The Police Force and Auxiliary Service Act must be amended to remove powers from some politicians which cause interference in police activities.

4.2.5 Enough wages to the police officers

It is a common notion that, “no one can say enough to money”. But an issue of sufficient wages and allowances may at least reduce a problem of corruption to the police officers[111]. Some officers in conducting investigations and other police activities, they may find themselves at a tough time when rich people offer them huge amount of money so as to cheat in their activities for the benefits of their illegal clients. When happen there is a suit at court against a rich and high status people, due to their pockets influence, they may influence police officers to accept bribes from them in orders to adduce defect evidence before court or to remove charges at all against that person. And if the officers accept that gift, that is the end of everything because they will destroy each and everything so as to protect their person[112].

Take an example in United Republic of Tanzania, the police officers live in very bad condition in all aspects of life include houses, wages and other social services. Many of police officers especially those beginners to a job, live in camps (NATIONAL HOUSES), most of these houses are at a very bad condition, some buildings constructed many years ago and no any improvement has been done to those houses, and there is no water and electricity in other houses where police offices live, this condition influence some officersto engage themselves in corruption activities due to poor living condition as explained above[113].

To curb this problem, government and its all departments must make sure to provide officers with enough wages and allowances so as to reduce the capability to accept corruption by police officers in United Republic of Tanzania.

4.2.6 New technological equipments for job

There is lot of equipments that needed in conducting investigation activities by police officers, apart from cars, guns and other tools, police department need gloves, syringe, special cars for storing body tissues from crime scenes to a main storage, equipment for storing evidence connected to crimes and all other necessary tools for investigation. Sometime the prosecutors fails to prove before courts that a person has committed crime, because of un-acceptable or destructed evidence due to poor storage of such evidences. A government must ensure enough budget to the police department so as to enable them to purchase enough equipments for job[114].

In Tanzania, most of police stations they have common tools like guns and old model cars, no any other tools for other activities, only the stations available at urban areas may at least have some many equipments but not all necessary equipments for job. This problem impact the investigation activities and due to that problem, some evidences tend to be in-admissible evidence before the court of law and un-acceptable evidence which led to loss of many cases at the court due to insufficient evidence by the government[115].

4.2.7 To ensure cooperation between member of public and police officers

Yes, it is a duty of police officers to ensure security of the society, but constitution under Article 18 (The Constitution of United Republic of Tanzania, 1977 as amended) give right and power to every citizen to secure his own life and property or life and property of another if possible. Likewise, it is duty of police officers and other authorized organs to conduct investigation but there is no limitation that civilians should not participate in such investigations. Citizens must be involved in helping police officers to detect any element which may be connected to a crime under the assistance of officer(s), without participation of citizens in investigation sometime cause delay in revealing the truth of a crime. Sometime you may find that, an issue which may take months to years get finished in few days due to the public participation in investigation[116].

Participation of civilians in investigation cannot come as a dream, but there are measures to be taken so as to reach such a goal. Police officers themselves should change their conducts so as to welcome the citizens to go and tell information to the police officers which relate to crime on investigation. Some officers are too arrogant by their poor minds they think they are each and everything, but in truth they are not. Some of officers treat civilians not well when they want to share some knowledge with officers and all other conducts should be removed first before welcoming citizens to share stories with officers[117].

Brutal activities by police officers to civilians create enemity between police officers and citizens, take an example death of a university student of UDSM her name Aquilina Aquiline who was shot dead by police officers and no any measures was taken to punish the offenders[118], also take an example of a young man trader in Morogoro urban, a businessman who died a few hours after being released from custody of police officers in one of police stations in morogoro[119]. All the examples above show the conducts of some police officers which cut connection between society and officers and later affect good participation of society to police activities.

All bad conducts must be removed so as to stimulate public participation in investigation activities and other security activities of police officers. Without doing all recommendations I made, we cannot guarantee participation of community to police activities.

4.2.8 Re-establishment of new legally community police

To my opinion, I think an issue of poor public participation in investigation activities of police officers may be solved by re-establishing new laws and ways to govern community police so as they can conduct activities in keeping peace and security without breaching the laws[120].

An issue of community police previously to its establishment caused a lot of problem because the members of such community police were un-educated in legal matters and due to that such police who were to keep security and law enforcement they tended to breach a law and security themselves by conducting their activities without regarding the laws. Most of community police and as differently named in various places like sungu sungu and polisi jamii and all other names, there must be special training for them to educate them little on laws controlling police activities and how to exercise their jobs without breaching the laws. This can help so big in stimulating public participation to the police duties and also it is easy to face a community police than officer of the public police department in reporting various matters or giving information on occurrence of the offence[121].

Different measures must be taken so as to re-establish community police country wide so as to stimulate public participation in investigation activities and security activities of police officers because it is also a duty of a citizen to protect public properties, life and personal belongings of  a citizen.

4.2.9 To rise up a number of professional investigators in Tanzania

In Tanzania most of investigation activities are done by police officers who specialized in investigation field. And a number of these investigators who are skilled personnel is very low due to employment system of police officers in Tanzania. Most of police officers in Tanzania are educated at a form four and form six level, most of them they not typically skilled in investigation matters of criminal cases because they don’t have recognized education on investigation matters[122]. Due to this problem, many officers tend to collect defect or irrelevant evidence of a crime and lastly they fail in their prosecution because they fail to prove beyond reasonable doubt.

A government and other employment entities of police officers must put some criteria in recruitment of officers that, to be a police officer in investigation field one must be educated at least at a degree level in  investigation issues, this will improve the quality of investigation activities by police officers. Without it, we will always remain defective in investigation field and there will be a limited chance for government to win cases because of defective evidence collected by un-educated people.

4.2.10 To increase a number of DNA and biological test centre

We all know that, investigation activities may be connected to some test activities of DNA and other biological activities for identification of offenders. These activities can be done at the high level hospitals but by a special authorization from a court or police department. In Tanzania there is only one centre country wide which deals with DNA and other biological tests for identification of people for the other purposes apart from treatments, that centre located only in Dar es salaam and there is no any branch of the office in any other part of a country. Due to that problem, take an example a suit which is instituted in Arusha, and tests of DNA is to be done in DSM, how long it will take for a whole procedure of shipping it to DSM and when the results will be given by that department because it have a lot of assignments to do which originate from all regions of the country. And this may cause the delay of investigation in criminal cases and led to the failure of justice because the delay of justice is the denial of justice[123].

To resolve this problem, new many centre must be established at least at every city or region or at least one at each belt in Tanzania[124]. Investigation must not take a long time because it bring humiliation to custodians and wastage of their time and sometime you may find that those people are not guilty of an offence said to have been committed by them. And all hospitals must be improved to be capable to provide DNA test service and other biological tests for the purpose of evidence which is to be submitted before court for legal activity.

4.3 Other recommendations

4.3.1 Procedure governing investigation in Criminal Cases should be followed

Interrogation on accused person is among the procedure in conducting investigation, a purpose of interrogation is to reveal some information about a crime and to get a point where to start with an investigation. Investigation is an activity which is legally established under section 10 of Criminal Procedure Act[125] and interrogation is a part of investigation, in conduct interrogation there is a number of things that an officer doing interrogation should follow, an officer is required to record the sayings of an arrested person in writing, an officer is directed by the laws that, he or she must not offer a relief to arrested person so as to influence an arrested person to give information, also an officer must sign and state his position and write a name on the document. Also an officer is required to inform an arrested or an accused person that, his statements may be used before the court to testify issues against him.

Those requirements must be followed by police officer collecting information from an accused person and if he or she fails to follow such requirements of the law it may result to produce un-acceptable evidence under the law and in-admissible before the court of laws. Take an example a police officer who use excessive force and harm an arrested person and force an accused to say or confess offence that he did not committed, and when happen a person give information under force, such information or evidence collected from him must be defect because it was acquired without following legal procedures imposed by the laws. It may result to be in-admissible evidence because it was obtained by using unlawful means and measures[126].

Searching should be done in accordance to the law, search is a part of investigation which always aim to reveal some hidden evidence which may be useful to support charges before a court of competent jurisdiction. Search of bodies, search of premises and search of vehicles and vessels is all provided under the law on how an officer should behave and conduct their activities. It is not allowed a male officer to conduct search activities to a female arrested person, a woman police officer is allowed to search a body of a fellow woman. Also, where there is an order of a court prohibiting search at a particular place then police officers must keep away from a premise because infringing an order of the court may cause an evidence collected at a place prohibited from search to be in-admissible[127].

Also in searching premises, police officers are required to be with a warrant from a court to conduct search activities. If it is a sudden issue the officers may conduct search without warrant but in case they are required to have warrant and they fail to obey that requirements, they may collect things that will not help them to sue successful.

In seizing some properties connected to a crime, police officers are required to put it all in writings that, at a particular date and time they conducted investigation at someone’s house or premise, if their search was done with warrant or not they have to state clearly, they have also to list all the properties detained or seized and all other necessary information that may be useful in running a case. Failure to do all such requirements of the law, one may tend to court an acceptable document intended to be exhibit. In seizure, some other conditions must be fulfilled so as to conduct an acceptable seizure, police officers are required to be accompanied by a local government leader (s) for some directions and certification of what has been seized, also these leaders sometime act as witnesses to police activities. So, to avoid problems in law, one must follow all the requirements provided by the laws[128].

4.3.2 Education on criminal matters to civilians

Police department must establish a program for a purpose of educating the citizens on various matters concerning public participation in security and investigation activities, also to teach citizens how to deal with some offences in their localities, to teach civilians some important legal actions that may be taken when someone in their localities committed an offence. This may help a lot to enable citizens to be little elite on criminal matters[129].

Many circumstances has happened in Tanzania where crime can be committed today but reports may be taken to police office after a long time has passed. As lawyers we all know that, cases like rape need quick report on commission of a crime and a victim within a day that an offebce committed on her she must be taken to the hospital so as her samples connected to offender of rape to be taken for a purpose of testifying a matter before court. In some circumstances due to lack of knowledge in criminal matters, you may find that, a person report her case to police station after a long time has passed and some of them destroy evidence themselves because a raped girl must not clean her body after rape so as to keep remains of man sperms in her so as to be taken by the hospital and to be used later as evidence[130].

Most of people in the society they don’t know all the things to be done after a crime has happened, take an example given above, any suit which may be taken to court and there was no evidence or doubtful evidence, we guarantee that there will be no any merits because of a suit which lack clear evidence. Those cases fails and officers start to find other evidences again which take a long time and cause delay of criminal cases in courts.

4.3.3 New policies to invite foreigners to help in some investigation activities

Our country is not an island and we are not separated from other continents and countries, were on the same globe and we need sometimes to invite our friends from other countries to help as in conducting investigation when it looks like we have failed with our domestic institutions to solve this problem of delaying of investigation. Is some cases as discussed in second chapter of this research, there are people who tend to be acquitted by court for a reason that it has been a long time people held in prisons and the evidence is not complete to convict them, in some cases it take to years for the suits to be finished and this is a problem[131].

In some circumstances police officers fail to acquire any evidence connected to a crime because of their poor capacity and they also fail to invite foreigners to help them in that issue and cause usage of a long time dealing with one suit.

Take an example an assault done to a member of parliament through singida East constituency Hon Tundu Antipas Lissu, on august 2017 after a morning session in parliament he was on his car back home and un-expectedly emerged two people who was on a tinted car, one got off a car with his machine gun on hands and with intention to kill, he opened fire, shot him several times at different parts of the body and the victim was seriously harmed. After an occasion, the police officers proved through media conference with journalists that Mr Lissu was shot near his resident house in Dodoma but until today there is no any information concerning the suspects and no any measures has been taken to deal with that problem[132].

In an issue of Lissu, after people saw that there is no any measure which has been taken to identify the offenders, citizens through social medias and other platforms they started to campaign investigation to be done by foreigners so as to get the offenders and make them taken to justice. This issue is the same as what I want to suggest here, there must be capabilities where we can call friends investigators from other foreign countries so as to conduct investigation in United Republic of Tanzania for purpose of acquiring evidence which can be used later in support suits before the court. Other countries they have such policies where foreign investigators can be called to conduct investigation in other countries when it looks like there is some elements of bias which may cause failure of justice for police officers to bring before court insufficient evidence[133].

4.3.4 Investigation department should be separated from other departments of police

Police department must be divided into some other sub-departments, there should be investigation department separate from prosecution department and other departments. This may reduce imposing too much power on hands of one person where such people can pray with thing in their activities. Let some police officers be special for investigation purposes and remove connection with other  departments to prevent interference in doing job, an issue of being all departments together give excessive powers to the administrators of such departments to play with their activities whatever they want, but by separating them into different offices it may increase accuracy in performing the activities because there will be check and balance to those organs[134].

4.3.5 Police officers participation in public activities and sports

As to increase public participation in investigation and security activities the police officers must participate in social activities like sports so as to make good friendship with civilians, and on ensuring good relation with civilians, police officers must participate in social activities like clearning the cities and other activities which may connect and make good friendship with citizens[135].

By doing that, it will be easy to curb a problem of poor participation of civilians in investigation and protection activities of the society since there will be good relation between citizens and police officers. Due to that, citizens may not fear again the police officers as it is now where there is no good relation between police officers and citizens and no connection at all in dealing together with various activities[136].

4.3.6 Limitation of time on conducting investigation (New law should be enacted to limit time in which investigation should be conducted).

In Tanzania our laws do not say enough on time in which investigation should be conducted, not only that but the subordinate courts excluded from powers to order prosecutors to bring evidence before the court in a specified date. So, due to this lacuna in law, a bill must be prepared and taken to the court for enactment of new laws governing investigation, A Criminal Procedure Act is a law which give powers to police officers to conduct investigation in United Republic of Tanzania, but there is no specified time where investigation should be concluded[137].

4.3.7 To increase a number of police stations and to introduce movable police stations

We experience a few number of police stations in Tanzania mostly in rural areas where you may find no station at all and where an offence tend to be committed, there is a narrow chance for police officers to reach premises easily for purpose of conducting investigation. In remoteness areas it is very tough for the officers to keep security because the settlements not arranged in a proper way to allow easy accessibility of areas[138].

Government always rise a fact that, due to a narrow budget they cannot afford to build stations everywhere country wide, okay we can accept that, but how about movable police stations (you can move it anywhere where experienced crimes. In india[139], movable stations launched since 2000, due to huge population and due to high rate of crimes especially rape. We saw these stations in Tanzania but not enough because we still have many areas without police stations. There is a need to increase police stations in Tanzania (both which involve building and movable stations) so as to facilitate security and investigation activities by police officers[140].

 

4.4 Conclusion

Delay of murder cases and armed robbery cases due to delay of investigation lead to violation of accused justice since justice delayed is justice denied, The researcher is of the view that Police officers who deal with investigations of criminal offences required to perform their activities with the due care and in the ambit of the law so as to ensure that justice is not delayed due to delay of investigation and due to a fact that investigation is not complete.

Researcher suggest that magistrate should be given more power to force and pressurize Police officer to complete investigation and put limitation of time to conduct investigation because investigation  takes longtime to complete in murder cases and armed robbery cases and lead to the elongation of suits before the courts of law in Tanzania.

It was seen that subordinate courts and High courts are precluded from invoking section 225(5) of CPA to discharge a person accused of murder, that law should be amended so as to give room for invoking the provision of section 225(5) of CPA.

The researcher also is of the view that the law governing investigations should be amended so as to ensure that police officer upon conducting an investigation shall comply with the limitation of time of which investigation are to be conducted contrary to that it is suggested that 60 days rule as provided for under s 225(4) of CPA be also applied by subordinate courts in order to accelerate quick investigations.

Lastly it is recommended that strictly administrative action must be taken against police prosecutor who willful cause loss of information and evidence which force police officers to go back to find other evidence which elongate time in investigation  and cause delay of suit at courts.

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BIBLIOGRAPHY

A.  BOOKS AND MANUALS

Donald.J.N, (1973), Introduction to Criminal Justice, (4^th Ed), McGraw-Hill Companies, England Fedorova,M safeguarding the right of the suspects and accused person in international criminal

I.G. Shivji,(2004) Constitution and legal system of Tanzania

M.A.P Willmer (1970), crime and information theory, pg 24

 

Spack,J,(2000) Emmons on criminal procedure

Sirohi,J.P.S,(2006)Criminology and Penology

Twaib,F,(2008) “Legal Professional in Tanzania , the law and practice”,law Africa publishing(T)LTD, Dar es salaam, Tanzania

Mapunda,B.T, (1996), Criminal Law and Procedure Part one, (1^st Ed), The Open University of Tanzania

Mchome, S.E. (1995),Criminal Law and Procedure Part Three,(1^st Ed), The Open University of Tanzania

Masawe A.A.F the law of criminal procedure with special reference to Tanzania. 1^st  Edition 1980 at page 78

 

B.  JOURNAL / ARTICLES

Ubena, J (2008), Tanzania Lawyer, “ICT As a Solution to Delay of Cases”, Vol. 2, No. 2, Tanganyika Law Society Publisher, Dar es salaam.

C.  THESIS

Mono, J.D (1987) Administration of Criminal Justice in Tanzania, LL.M Thesis (Unpublished)

D. STATUTES

Criminal Procedure Act Cap 20 R:E 2002

Police Force and Auxiliary Services Act Cap 322 of 2002

 

People’s Militia Act  Cap 111 R:E 2002

 

The Ward Tribunal Act Cap 206 R:E 2002

E. ONLINE MATERIALS

http://law.jrank.org/pages/1654/Police-Criminal-Investigations-Criminal-investigation-defined.html (accessed 08/05/2018 17:22)

 

https://highered.mheducation.com/sites/dl/free/0078111528/928629/ChapterOne.pdf (accessed on 14 April 2018 at 15:54)

https://en.wikipedia.org/wiki/Criminal_investigation (accessed 08/05/2018 17:22)

 

http://carl-sl.org/home/index.php?option=com_content&view=article&id=41:undue-delays-in-criminal-trials-causes-and-consequences&catid=4:articles&Itemid=23accessed (accessed on 14 April 2018 at 15:54)

http://repository.out.ac.tz/744/1/msigwa.docx

 

https://definitions.uslegal.com/f/fabricated-evidence/

 

https://en.wikipedia.org/wiki/Falseevidence  

 

F.   PRECEDENTS

R v Tabu Msomi and others 2004) HCD .Cr no 447, Unreported Case

R v Alex Nkolela and other

R v. Amos masanja And Erikaeli Anaeli Mungure

R v Marco Anaeli

Anaeli Masawe v. R  Criminal Case No 240  In the district court of Arusha of  2011

 

 

 

 

 

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[1] https://en.wikipedia.org/wiki/Criminal_investigation (accessed 08/05/2018)

[2] Ibid

[3] ibid

[4] http://law.jrank.org/pages/1654/Police-Criminal-Investigations-Criminal-investigation-defined.html (accessed 08/05/2018)

[5] M.A.P Willmer (1970), crime and information theory, pg 24

[6] ibid

[7] Article 13(b) of the constitution of United Republic of Tanzania, 1977

[8] http://repository.out.ac.tz/744/1/msigwa.docx  (09/05/2018)

[9] ibid

[10] ibid

[11] Cap 20 R:E 2002

[12]S.E.Mchome, Criminal Law and Procedure Part Three, 1995. The Open University of Tanzania(supra).pg 58

[13]Samah.Joel, Criminal Justice, West Published Company 1988.pg 20

[14] (1981)TLR, No 355

[15] http://repository.out.ac.tz/744/1/msigwa.docx ((09/05/2018))

[16] (1965)1Q.B 369

[17] ibid

[18] (1970) HCD, No 167

[19] ibid

[20] ibid

[21] ibid

[22] https://en.wikipedia.org/wiki/Arrest (accessed 10 May 2018 at 18:57)

[23] [CAP 2 RE 2002] of 1977 as amended from  time to time

[24] ibid

[25] https://en.wikipedia.org/wiki/Detention_(imprisonment)

[26] https://www.merriam-webster.com/dictionary/interrogate  (accessed on 25  May 2018)

[27] ibid

[28]Mwaikasu. R J.A. Criminal law, 1^st Edition 1995 at page 255

[29] http://legalanswers.sl.nsw.gov.au/defend-yourself-facing-charge-court/arrest-and-questioning  (14/05/2018)

[30] Emmanuel .S. Criminal Procedure, 11^th Edition New York 1990 at page 34

[31]Masawe A.A.F the law of criminal procedure with special reference to Tanzania. 1^st  Edition 1980 at page 78

[32] ibid

[33] ibid

[34] ibid

[35] ibid

[36] No 73 of 1965

[37] ibid

[38] Police Force and Auxiliary Services Act Cap 322 of 2002

[39] ibid

[40] Peoples Militia ( CAP 111 RE 2002)

[41] ibid

[42] ibid

[43] Peoples Militia ( CAP 111 RE 2002)

[44] Cap 206 R:E 2002

[45] ibid

[46] Article 11 (1)

[47] Ibid

 

[48] ibid

[49] The Regional Administration Act Cap 19 R:E 2002

[50]http://www.thecitizen.co.tz/News/Govt-reminds-RCs--DCs-over-misuse-of-powers/1840340-3973708-14mx9x8z/index.html (accessed on 25  May 2018)

[51] Criminal appeal  no 135 of  2016

[52] ibid

[53] http://mobile.thecitizen.co.tz/opinion/2304492-2609362-format-xhtml-jwisto/index.html  (accessed on 25  May 2018)

[54] https://www.state.gov/documents/organization/265522.pdf  (accessed on 28  June 2018)

[55] http://tls.or.tz/wp-content/uploads/2015/03/VICTIMS-OF-CRIMINAL-JUSTICE-SYSTEM-IN-TANZANIA-2.pdf

[56] Criminal Procedure Act, Cap 20 R;e 2002

[57] http://mirror.unhabitat.org/downloads/docs/1825_12883_sungusungu.pdf  (accessed on 25  June 2018)

[58] http://www.xinhuanet.com/english/2016-06/08/c_135423116.htm  (accessed on 07  May 2018)

[59] https://www.business-anti-corruption.com/country-profiles/tanzania  (accessed on 19  May 2018)

[60] In the district court of Arusha Criminal case no 23 of 211

[61] Cap 16 R;E 2002

[62] In the district court of Arusha Criminal case no 78 of 211

[63] ibid

[64] http://www.mof.go.tz/mofdocs/budget/Budget%20Execution%20Report/BER%20for%20_2015-16_Final.pdf (accessed on 05  May 2018)

[65] http://www.policeforce.go.tz/index.php/en/2-uncategorised/76-tanzania-police-force-corporation-sole (accessed on 21  May 2018)

[66] ibid

[67] ibid

[68] ibid

[69] Cap 20 R;E 2002k

[70] ibid

[71] http://www.comcourt.go.tz/comcourt/?wpfb_dl=29  (accessed on 25  June 2018)

[72] 2004) HCD .Cr no 447, Unreported Case

 

[73] No 47of District Court Of Arusha Of 2012

[74]Criminal Case No 240  In the district court of Arusha of  2011

[75] Human Right Report of  2009

[76] https://www.fbi.gov/news/stories/2010/march/cctv_032310/caught-on-camera-best-practices-for-cctv-systems (accessed on 14  July 2018)

[77] https://www.oecd-ilibrary.org/2002-meeting-of-commonwealth-law-ministers (accessed on 18  June 2018)

[78] https://definitions.uslegal.com/f/fabricated-evidence/  (accessed on 03  May 2018)

[79]https://en.wikipedia.org/wiki/Falseevidence  (accessed on 17  June 2018)

[80] Cap 16 RE 2002

[81] https://en.wikipedia.org/wiki/Spoliation_of_evidence  (accessed on 11 May 2018)

[82] ibid

[83] ibid

[84] ibid

[85] ibid

[86] https://en.wikipedia.org/wiki/Arrest (accessed 14 June 2018 )

[87] ibid

[88] ibid

[89] https://en.wikipedia.org/wiki/Detention_(imprisonment) (accessed on 08  June 2018)

[90] ibd

[91] ibid

[92] http://www.nyulawglobal.org/globalex/Tanzania.html (accessed 04/06/2018)

[93] http://onlinelibrary.wiley.com/doi/10.1111/j.1468-2427.1980.tb00362.x/pdf (accessed 04/06/2018)

[94] https://www.thebureauinvestigates.com/stories/2013-07-31/justice-delayed-administrative-problems-delay-serious-trials (accessed 04/06/2018)

[95] http://www.lawjournalbd.com/2015/11/causes-of-delay-in-disposing-criminal-cases-in-the-criminal-justice-system-of-bangladesh-an-analytical-study (accessed 04/06/2018)

[96] https://prezi.com/2feeup5v-_3s/police-brutality (accessed 04/06/2018)

[97] ibid

[98] http://www.policeforce.go.tz/index.php/en/2-uncategorised/76-tanzania-police-force-corporation-sole (accessed 04/06/2018)

[99] http://www.mof.go.tz/mofdocs/msemaji/BUDGET%20SPEECH%202017_2018.pdf (accessed 04/06/2018)

[100] ibd

[101] http://www.tzprivateinvestigationagency.com (accessed 04/06/2018)

[102] https://www.ccr-tz.org/s/CCR_Juvenile_Justice_Report.pdf (accessed 04/06/2018)

[103] ibid

[104] http://mirror.unhabitat.org/pmss/getElectronicVersion.aspx?nr=2614&alt=1 (accessed 04/06/2018)

[105] https://www.tanzaniainvest.com/roads (accessed 04/06/2018)

[106] ibid

[107] https://hakinausalama.org/en/police-executive-roles-responsibilities (accessed 04/06/2018)

[108] ibid

[109] http://www.vertic.org/media/National%20Legislation/Tanzania/TZ_Intelligence_Security_Services_Act.pdf (accessed 04/06/2018)

[110] ibid

[111] https://www.worldnomads.com/travel-safety/africa/tanzania/bribes-and-corruption-in-tanzania (accessed 04/06/2018)

[112] http://www.tanzaniatoday.co.tz/news/tanzanian-police-are-seen-as-the-most-corrupt-institution-survey (accessed 04/06/2018)

[113] http://interpa.org/Upload/E-BULLETIN/4.%20KONFERANS%2025-27%20MAYIS%  (accessed 04/06/2018)

[114] http://www.policeforce.go.tz/index.php/en/2-uncategorised/76-tanzania-police-force-corporation-sole (accessed 04/06/2018)

[115] ibid

[116] http://repository.out.ac.tz/494/1/RESEARCH__REPORT_%282%29_FOR_BINDING_FINAL.pdf (accessed 04/06/2018)

[117] ibid

[118] http://africanarguments.org/2018/03/02/tanzania-everyone-is-scared (accessed 01/05/2018)

[119] https://www.hrw.org/reports/2002/tanzania/zanz0402.pdf (accessed 07/05/2018)

[120] http://allafrica.com/stories/201412040332.html (accessed 02/06/2018)

[121]http://scholar.mzumbe.ac.tz/bitstream/handle/11192/2084/MSc.HRM_Hassani%2C%20Haruna_2016.pdf?sequence=1 (accessed 04/05/2018)

[122] http://interpa.org/Upload/E-BULLETIN (accessed 14/05/2018)

[123] https://gcla.go.tz/files/Forensic%20Biology%20Section%20-%20DNA%20UNIT.pdf (accessed 03/06/2018)

[124] http://procurement-notices.undp.org/view_file.cfm?doc_id=49621 (accessed 01/06/2018)

[125] ibid

[126] ibid

[127] ibid

[128] ibid

[129] https://www.state.gov/documents/organization/186460.pdf  (accessed 04/06/2018)

[130] ibid

[131]https://www.unodc.org/documents/terrorism/Publications/Manual_Int_Coop_Criminal_Matters/English.pdf (accessed 04/06/2018)

[132] https://www.aljazeera.com/news/2017/09/tanzania-tundu-lissu-recovering-gun-attack 170908185550801.html(accessed 04/06/2018)

[133] ibid

[134] http://unafei.or.jp/english/pdf/RS_No60/No60_18PA_Maru.pdf (accessed 04/06/2018)

[135] ibid

[136] ibid

[137] ibid

[138] http://policeforce.go.tz/index.php/en/2-uncategorised/76-tanzania-police-force-corporation-sole (accessed 08/05/2018)

[139] https://timesofindia.indiatimes.com/india/not-even-a-phone-in-over-400-police-stations-in-india/articleshow/56546175.cms  (accessed 04/06/2018)

[140] http://www.nbs.go.tz/nbs/takwimu/trade/CrimeStats_Jan-Des2016English.pdf  (accessed 04/06/2018)