Ratifying the Convention against Torture would not end torture in Tanzania overnight, but it would provide an extra layer of protection for the most vulnerable.
On 26 June, the world commemorates International Day in Support of Victims of Torture. In Tanzania, however, such commemorations are likely to be muted. Tanzania is among a small minority of countries that has not signed or ratified the UN Convention against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment. And Tanzanians, including those who are marginalised and most vulnerable in society, are sometimes tortured and ill-treated by police officers with no recourse to justice.
One of these victims, Zeitoun* who is from Tandika, explained in an interview in 2012:
"They [police officers] arrived and started to beat me around the waist with the butt of their gun. They took my own belt and tied it around my neck and dragged me to the police post. They tied my legs with cuffs. The two legs were tied together and the two hands were handcuffed. I was handcuffed to the gate of the holding cell... hanging like a goat to be roasted."
Another victim, Walid* from Zanzibar, described being arrested and sexually abused by police and polisi jamii (community police): "They [beat me with] water pipes and electrical wires", he said. "Two of them raped me... . They had canes and pipes, and they hit me on the bottoms of the feet. I couldn't walk afterwards."
Rosemary*, a 14-year-old girl in Mbeya, has also had several experiences of police torture. "One time they burned me on the arm with a lighter", she said, revealing the burn mark. She said she had also been raped by police "at least seven times".
Marginalised and vulnerable
These victims, and many others like them, were treated in this way because they are members of marginalised groups who are considered "criminals" under Tanzanian law. Zeitoun injects heroin; Walid is gay, or 'MSM' (a man who has sex with men); and Rosemary is involved in sex work.
A recent study by Human Rights Watch and the Wake Up and Step Forward Coalition (WASO) found that some members of these marginalised groups are tortured by security forces simply because of who they are.
However, they are not the only Tanzanians at risk of torture, according to a recent study by the Legal and Human Rights Centre (LHRC). Their report includes the notorious case of Dr. Stephen Ulimboka, who claims he was abducted by intelligence agents and then tortured because of his leadership in the doctors' strike. In another reported case, police broke a man's legs because he was suspected of stealing.
Aware of such abuses, the police have expressed a willingness to address the problem. When we submitted the Human Rights Watch and WASO report to the police, several commissioners, including those responsible for internal affairs, training, and the gender and children's desks, welcomed the report's publication and did not deny that abuses occur. They said they will distribute the report to regional commanders, and that they will hold accountable police officers who commit these crimes. Whether police officers' behaviour will improve remains to be seen.
Ratifying the convention
Tanzania's constitution prohibits torture, but no such prohibition appears in the penal code, making it difficult to hold abusers criminally accountable. At its last Universal Periodic Review at the UN Human Rights Council in 2011, Tanzania accepted member states' recommendations to ratify the Convention against Torture. But it has not yet done so.
One outcome of this inconsistency may be that, although some police officers told Human Rights Watch that torture is unacceptable, that view is not shared at all levels. For example, police have used heavy-handed methods to quell recent political dissent, encouraged by some government officials who have said that beating protesters is the right thing to do.
Although it is by no means all that needs to be done or any kind of silver bullet for the problem, ratifying the Convention Against Torture would, for one, send a clear message to the security forces that when they torture detainees, they are violating both national and international law. Secondly, it would affirm that rights are universal. As a party to the Convention against Torture, Tanzania would also be required to report on the convention's implementation, and demonstrate that it applies to all citizens. It would be required to domesticate the convention, integrating it into national law and providing torture victims with a solid legal basis for filing complaints. And it would be required to prosecute those who violate the law, regardless of their position or rank.
Often, the application of international human rights standards is most urgent for vulnerable groups. In some countries, these may be minorities, including ethnic, political, or religious minorities, whom those in power may have an interest in silencing. In some countries, these may be children, who may lack sufficient protections under national laws. And, as in Tanzania, sex workers, sexual and gender minorities, and people who use drugs, among others, can fall into this category of the most vulnerable. A clear commitment to international law on the part of the authorities would provide them, and all Tanzanians, an additional layer of protection.
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Rights and wrongs
Any discussion of protecting the rights of marginalised groups elicits controversy in Tanzania. That is normal: the unknown always provokes fear. Only recently have sex workers, sexual and gender minorities, and people who use drugs begun to speak out. Public debates around these issues are still in their early stages. But today, can we all agree on one thing: that no one deserves to be tortured?
Ratifying the Convention against Torture would not end torture or ill-treatment in Tanzania overnight. But in light of persistent recurrences of torture - and in a context where the most vulnerable lack a clear legal framework that sets forth consequences for those who abuse them - it would be a critical step toward ensuring that the security forces respect the rights of all Tanzanians.
*Names have been changed.
Neela Ghoshal is a Human Rights Watch researcher based in Nairobi. Follow her on Twitter @NeelaGhoshal.
