Use of Excessive Force by Police in Tanzania under the Framework of Proportionality Principle.

Minde,, Janeth (2023) Use of Excessive Force by Police in Tanzania under the Framework of Proportionality Principle. Doctoral thesis, The Open University of Tanzania.

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Abstract

The use of force by police officers against civilians in executing their duties is regulated through the principle of proportionality, which requires force to be equal to the situation that the police officers face. There are various laws in Tanzania which regulate the use of force. The thesis addresses the question as to whether there is adequate legal prohibition of excessive use of force and adherence to the proportionality principle by police officers in Tanzania. The study applies doctrinal legal research methodology, using analysis of laws, cases and instruments as primary sources and empirical legal research methodology involving data collected in the field. The study's findings are that there is inadequacy of the laws prohibiting excessive use of force in Tanzania, lack of accountability of police officers and absence of reparations to victims of excessive use of force. It is recommended that the Government adopts legislation which addresses torture and the use of force. The Government should also ensure victims of excessive use of force obtain reparations and that national laws should conform to international standards. The Parliament should annex into procedural rules a requirement of compulsory involvement of civil society organisations in the investigation to counteract excessive use of force. Finally, judicial authorities should suomottu inquire about the causes of deaths and disappearances of persons during detention or imprisonment. Keywords: Police, Excessive Force, Proportionality Principle, Legal.

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