Tanzanian Court Orders Removal of Corporal Punishment after Human Rights Violation
The African Court on Human and Peoples’ Rights has ruled that Tanzania must eliminate corporal punishment from its laws. The court found that Tanzanian courts violated a man’s right to dignity by sentencing him to be caned as part of his punishment for armed robbery. The ruling stated that provisions for corporal punishment in Tanzania’s Penal Code, Criminal Procedure Code, and other laws must be amended to comply with the prohibition of torture, cruel, inhuman, or degrading treatment or punishment under the African Charter on Human and Peoples’ Rights.
Tanzania has a history of opposing corporal punishment in schools due to frequent incidents of severe punishment by teachers and local government officials. However, the ruling from the African court does not differentiate between corporal punishment in schools and as a penalty for serious criminal offenses. The court emphasized that the prohibition of cruel, inhuman, and degrading treatment or punishment is absolute and extends to physical and mental abuse.
The case involved Yassin Rashid Maige, who has been serving a 30-year sentence for armed robbery since 2003. The court noted that although the caning sentence was imposed, it remains unclear if it was actually carried out. The ruling also directed Tanzanian authorities to compensate Maige for moral prejudice and the denial of his right to free legal representation during the domestic court proceedings.
Tanzania must now submit reports every six months on the implementation of the court’s order until full compliance is achieved. This landmark ruling highlights the importance of respecting human rights and eliminating all forms of corporal punishment within the legal framework. These steps are crucial in promoting a just and humane society.
