Dar es Salaam, Tanzania

• Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law. See 101 Things That You Wanted to Know About the Police But Were Too Afraid to Ask.
• It is not a good idea to touch the officers. Keep your hands where the police can see them.
• It is not a good idea to resist, even if you're innocent or if you think the police are acting unfairly or unlawfully. (no primary source available – general advice being usually given)

a. Can the police arrest you for refusing to answer questions?

ANSWER:

The police are allowed to ask you questions if they think you could help them with an investigation. Before asking you questions, the police must tell you that you can refuse to answer their questions. You are only required to provide police officers your name and address. However, your refusal to answer the police's questions may be used against you. See Police Force and Auxiliary Act §§ 32(1) and (4); Criminal Procedure Act §§ 10(3), 10(4), 53(c)(i).

b. What if the officers do not identify themselves?

ANSWER:

If you suspect someone is a police officer, you have the right to ask them for their name, rank, and place of duty. A police officer who refuses to give you their name, rank, and place of duty can be imprisoned for up to 6 months or fined up to 2,000 shillings. See Criminal Procedure Act § 46(4). If you are being restrained by a police officer, they cannot ask you any questions regarding a possible offense until the police officer has told you their name and rank. See Criminal Procedure Act § 53.

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER:

You should remain calm and cooperate. If a police officer believes you can aid them in an investigation, the officer may request your name and address. You are required to provide an answer or you could be imprisoned or fined. See Criminal Procedure Act § 46.

d. What if the officer is not in uniform or identified as an officer but I think it is one?

ANSWER:

An officer does not need to be in uniform, but they need to identify themselves as a police officer and tell you their name, rank and badge number. Until they have done so, a police officer cannot ask you any questions or for any assistance in an investigation. See Criminal Procedure Act § 53(a).

e. Can I tell police I do not want to speak without a lawyer?

ANSWER:

Yes. You are only required to provide your name and address to police officers. Otherwise, you are entitled to communicate with a lawyer. See Criminal Procedure Act § 53(c).

f. If I sit down, am I resisting?

ANSWER:

There is no formal definition of 'resisting' but, if by sitting down you are obstructing (or attempting to obstruct) a police officer from arresting you, you will likely be considered resisting. Also, if the police officer interprets your sitting as 'loitering' (hanging around aimlessly) they may arrest you. See Criminal Procedure Act § 14(b), (h).

g. If I am stopped in a group, and some kids run, can I run?

ANSWER:

It is never a good idea to run from the police. Running away may be considered obstruction of justice, which is punishable as a felony and could result in 5 years of imprisonment. See Tanzania Penal Code § 110(b).

h. Can I tell others (siblings, for example) to run?

ANSWER:

No. This may be considered interference with or obstruction of justice, which is a felony crime. See Tanzania Penal Code § 110(b).

i. If the officer's language is not my first language, can I tell them without waiving my rights?

ANSWER:

If you tell the police officer that you are not fluent in the language being spoken, you are not waiving your rights. When you are under restraint, a police officer may not ask you any questions or require you to do anything, unless they have first, in a language in which you are fluent (i) informed you that you are under restraint, (ii) informed you of the suspected offense, and (iii) cautioned you. See Criminal Procedure Act § 53(b).

When the police ask you questions, they have to write down (in the language you speak) anything that you tell them. After you are done answering the police's questions, the police will read your answers back to you and give you the chance to explain or add more information to your answers. When you are satisfied with your answers, you will sign the document containing those answers. You also have the right to ask anyone present to sign as a witness to your signature. See Criminal Procedure Act § 10(3).

j. How can I tell if a police officer is a police officer and not some other official?

ANSWER:

Police officers wear a distinct uniform. They will be dressed in (i) a cap; (ii) a belt; (iii) shoulder epaulettes that show the police officer's rank and which force they belong to; and (iv) a barette with the national emblem. Male traffic police officers will be wearing a white uniform with a white barette and female traffic police officers will be wearing a white shirt, blue skirt and a white barette.

Police officers should always have a name tag and number displayed on their chest so they are identifiable. See 101 Things That You Wanted to Know About the Police But Were Too Afraid to Ask.

a. What if a police officer wants to search my phone?

ANSWER:

Tanzania does not have a law specifically addressing the police searching your phone. However, the police cannot take your phone from you until you are under arrest. Once you are under arrest, they can search all articles found upon you. Police officers can also issue an order to search your data if there is an ongoing investigation. See Criminal Procedure Act § 24; Tanzania Cybercrimes Act § 32(1).

b. What if a police officer asks me for my password to my phone?

ANSWER:

Tanzania does not have a law specifically addressing the police searching your phone. However, the police cannot take your phone from you until you are under arrest. Once you are under arrest, they can search all articles found upon you. Since you must answer police questions truthfully, if the police ask you for your password, you should truthfully answer. See Criminal Procedure Act §§ 10, 24; Tanzania Cybercrimes Act § 32(1).

c. What if they tell me to give them my password or other access to my phone?

ANSWER:

Tanzania does not have a law specifically addressing the police searching your phone. However, the police can take your phone if they think it was used to commit a crime. Also, since you must answer police questions truthfully, if the police ask you for your password, you should truthfully answer. See Criminal Procedure Act §§ 10, 24; Police Force & Auxiliary Services Act § 35(1); Tanzania Cybercrimes Act § 32(1).

d. Do I have to give them my device password if they demand it from me if I am not under arrest? What if they just ask for it?

ANSWER:

Yes. You have to give the police the password to your device if they ask for it. Tanzania does not have any laws specific to phones. But if the police ask you a question, you must answer it truthfully. See Criminal Procedure Act §§ 10, 24; Police Force & Auxiliary Services Act § 35(1); Tanzania Cybercrimes Act § 32(1).

e. What tools can police use to search me? What technology? (Facial recognition, hidden cameras, finger print searches, etc.)

ANSWER:

Police can search your body many different ways when you are in police custody or charged with an offense, i.e., by taking finger prints, samples, or photos. If the police are investigating a matter and you are under restraint, you should assume they can search you by any reasonable means. If you refuse a search, you may be guilty of an offense. See Criminal Procedure Act § 59.

f. Can they search my backpack or any other item I am carrying?

ANSWER:

Yes. The police can search your backpack if they think you committed or were about to commit a crime. See Police Force & Auxiliary Services Act § 35(1).

g. Can they take my picture or record me?

ANSWER:

Yes. If the police are investigating a matter and you are under restraint, they may take pictures and recordings of you. See Criminal Procedure Act § 59.

h. Can they ask me where I am going and why?

ANSWER:

• The police may arrest you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
• Sometimes police have a warrant for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
• It is a good idea to review any paper/material(s) from police/warrant carefully, to ensure you understand what exactly is covered.
• If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you. (no primary source available – general advice being usually given)

a. What if I did not do anything illegal, must I speak with the police and answer questions?

ANSWER:

If you have information regarding a crime, then you must speak with the police. If you do not, it is okay to say that you do not know. Do not lie. See Criminal Procedure Act § 7(1); Tanzania Penal Code § 122.

In general the police are not supposed to interfere with people going about their lawful business. But if the police think you are loitering, especially at night, they are entitled to stop you and ask for your name and what you are doing. See Criminal Procedure Act § 14. 

If the police officer believes that you may be able to assist in the investigation of a crime, the police officer may request your name and address. You can also ask the police officer to provide their own name, rank and place of duty. If requested, the police officer must comply. See Criminal Procedure Act § 46.

It is best to make sure that someone is with you when you are being questioned. See 101 Things That You Wanted to Know About the Police But Were Too Afraid to Ask.

b. What if they tell me something they are investigating that is wrong? Must I correct them?

ANSWER:

Yes. You have a duty to tell the police anything you know about a crime or suspicious death. Always tell the truth and do not lie. If you do not know the answer, it is okay to say that you do not know. If you lie to a police officer, or make a statement knowing that it is false and that it will likely cause them not to find the person who committed the offense, then you are committing a misdemeanor and may be fined or imprisoned. See Tanzania Penal Code § 122; Criminal Procedure Act § 7(1).

Note that anything you say can be used as evidence in a trial. See Criminal Procedure Act § 9(4). 

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER:

You may freely give information to a police officer, but that information may be used in court. Ensure that when you are speaking to a police officer you do not lie, as this is a crime. However, it is okay not to speak if you are not ordered to do so and you do not know anything about a committed crime. If you do know something relevant to an investigation, you should tell a police officer what you know. See Criminal Procedure Act § 9(1), (4). 

Remember that anything you say can be used against you in court, but you cannot be forced to admit to a crime. See Criminal Procedure Act § 9(4).

d. What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?

ANSWER:

Before a police officer notifies you that you are under arrest, you have a duty to give any information about a crime or a death to a police officer. See Criminal Procedure Act §§ 7(1), 9(4).

As soon as a police officer believes there is sufficient evidence to arrest you, the police officer should formally charge you with a crime and warn you that the police can use your silence against you if you fail to tell the police officer anything relating to the charge. See Police Force and Auxiliary Services Act § 32(4).

e. Are there special circumstances for women under arrest and custody?

Yes. Women in custody must be searched by a female police officer "with strict regard to decency." See Criminal Procedure Act § 26.

a. What is the difference between the police deciding to search me or my belongings (phone, person, backpack) and me agreeing to the search?

ANSWER:

If the police decide to search you, they must have a lawful reason for doing so and follow the law in the way they conduct the search. If you agree to be searched, you may be giving the police more authority than granted to them by the law. See Criminal Procedure Act § 38.

b. What if they tell me to give them information versus them asking and me providing answers voluntarily?

ANSWER:

• No. Police officers can legally arrest you without a warrant in several circumstances:
  • When the crime is committed in front of the police officers; or
  • When the officer has probable cause (reason to suspect) that the suspect committed a felony, whether or not the act was done in front of them.

a. If I did not do anything, can they stop me?

ANSWER:

Yes. The police can stop and arrest an individual with or without a warrant. If a police officer has a reasonable suspicion that you are committing an offense, even if you are not actually engaging in any illegal act, they can stop and arrest you. 

Officers may also stop and arrest you if they find you hanging around highways or gardens and suspect that you are loitering. See Criminal Procedure Act § 14.

b. Can I ask for the reason they stopped me?

ANSWER:

Every person that is arrested has the right to be informed, at the time of the arrest, of why they were arrested. However, they do not need to inform you if (1) why you are being arrested is obvious or (2) your actions make it too difficult to inform you (i.e., if you are fighting back). See Criminal Procedure Act § 23.

The police are not supposed to interfere with people going about their lawful business, but if they think someone is loitering (hanging around), especially at night, they are entitled to stop and ask your name and what you are doing. The police may arrest any person suspected of loitering without a warrant. See Criminal Procedure Act § 14.

c. Can I advocate for another young person stopped by police if we are stopped together?

ANSWER:

Every person has the freedom to (i) express their ideas and opinions; and (ii) communicate without interference. See Constitution of the United Republic of Tanzania Art. 18.

Police officers also have a responsibility to respect, protect and promote the basic human rights of every person. See Human Rights, Gender and the Role of Police in Democratic Elections Training Manual.

However, while you have these rights, you should not advocate for another person stopped by police if stopped together. Under Section 14 of the Criminal Procedure Act, police officers may arrest anyone who breaches the peace in their presence. They can also use any statement you make later in court.

d. If I think the stop is unjustified, what can I do?

ANSWER:

(1) The Constitution does not let the police arbitrarily arrest or detain someone. Still, some regional and district commissioners can detain a person for up to 48 hours without charge. See Tanzania - United States Department of State. People who are detained without cause can bring the matter to court and may obtain prompt release or compensation if they are found to have been unlawfully detained. See The Constitution of the United Republic of Tanzania, Chapter 1, Part III, Section 2, Paragraph 15.

Under Section 64 of the Criminal Procedure Act, if an arrest was made in bad faith, was made by mistake (wrong person), or it has been 24 hours and no charge has been taken against you, then you are to be released.

(2) When the police stop an individual, Section 50 of the Criminal Procedure Act says that the police have 4 hours to interview them.

Section 51 of the Criminal Procedure Act allows the police to extend that interview period for 8 more hours if the police have a good purpose for extending the interview. The interview period can be extended further, but only by a magistrate decision.

If someone believes that the interview period has been extended without good reason (in other words, that they are being detained without good reason), they are entitled to claim for financial damages. They will have to prove that there was no good reason for the extension.

e. Can I get the officer's identifying information for a future complaint?

ANSWER:

• If the following happens, you are likely under arrest under the law:
  • an officer handcuffs you;
  • an officer forcibly holds you down;
  • an officer puts you into the back seat of a police car; or
  • an officer warns you about your rights. (no primary source available – general advice being usually given)

a. What if I do not know if I am under arrest?

ANSWER:

Every person that is arrested has the right to be informed, at the time of the arrest, of why they were arrested. However, they do not need to inform you if (1) why you are being arrested is obvious or (2) your actions make it too difficult to inform you (if you are fighting back). See Criminal Procedure Act § 23.

That means you may or may not be explicitly told "you are under arrest." This being the case, if you have not been explicitly told that you are under arrest and you are unsure whether or not you are being arrested, you should ask the police officer whether they are arresting you. If they say they are arresting you, you should ask them to tell you the grounds for the arrest.

b. What is the difference between detention and arrest?

ANSWER:

In Tanzania detention is generally called "lawful custody." The difference between being "under restraint" and "lawful custody" is the following:

• 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 offense 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 offense, and whether or not he is in lawful custody in respect of the offense; and
• 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 offense and the police officer– (i) believes on reasonable grounds that he has committed the offense; and (ii) would be authorized under section 14 to arrest him for the offense.

See Criminal Procedure Act §§ 5, 13, 14.

A detention is a "brief and cursory" holding and questioning. This occurs when you are pulled over for a traffic violation or questioned about suspicious behavior. To legally detain you, the officer must have "reasonable suspicion" that you are or were involved in a crime. Detentions must last no longer than necessary and must be conducted with the least intrusive, reasonably available means. If the officer finds evidence during the detention that triggers the probable cause threshold, the detention could become an official arrest.

You can only be legally arrested if the officer has either a warrant or "probable cause." Probable cause is a stricter standard than reasonable suspicion, and it means that the officer must have reason to believe it is likely that you are committing or have committed a crime. An arrest usually (but not always) involves more severe restraints on your movement than a detainment, such as handcuffing and placing you in the back of the police car, along with a verbal advisement that you are under arrest.

The reality is that there is no clear line between detention and arrest, leaving it to the courts to decide which occurred.

c. If I am handcuffed, am I arrested?

ANSWER:

A police officer may never arrest, confine or detain you (including with handcuffs), arbitrarily and without just cause. Therefore, you may not be arrested or detained without legal grounds for doing so. You also have the right to be informed, at the time of arrest, of the reasons for your arrest. See Criminal Procedure Act § 23(1).

Article 15 of the Constitution of the United Republic of Tanzania states that every person has the right to freedom and to live as a free person. The Constitution mandates that for the purpose of preserving individual freedom and the right to live as a free person, no person shall be arrested, imprisoned, confined, detained, deported or otherwise deprived of his freedom save only (i) under circumstances and in accordance with procedures prescribed by law; and (ii) in the execution of a judgment order or a sentence given or passed by court following a decision in a legal processing or a conviction for a criminal offense.

d. If my liberty is restricted, am I under arrest?

ANSWER:

• You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right.
• You are also able to waive your rights (that is, not use them) by, for example, saying 'Yes, I understand my rights but I am ready to talk to you.' This is not a good idea without a lawyer present.
• Make sure you know what you're doing in giving up your rights. (no primary source available – general advice being usually given)

a. How do things change if I am read my rights by police?

ANSWER:

After the police have informed you of your rights, they may ask you questions. You are only required to provide who you are and where you live. See Criminal Procedure Act § 53.

b. Does it matter where I am when the police read me my rights? (street, station, police car, etc.)

ANSWER:

It does not matter WHERE, but it matters WHEN. The police must inform you of your rights at the time of arrest, not after. So if you are arrested on the street, put in the police car, taken to the station, and then read your rights, there has been a violation. But, if you are arrested at the police station, reading you your rights there is fine.

a. Am I required to make a statement?

ANSWER:

If you know anything about a police investigation, a police officer can insist that you write down your statement and the facts you are aware of. For example, if you witnessed a crime, a police officer may ask you to make a statement about what you saw.

If you do not know anything, be honest. Do not make something up. The police officer cannot force you to make any statement, but you must answer truthfully. See Criminal Procedure Act § 10(4).

Section 7(1) of the Criminal Procedure Act also requires you to give information regarding the commission of a crime or death to the police.

b. Must police notify my guardian?

ANSWER:

If you are a minor, the police must notify your parent or guardian when you are in the company of a police officer for a purpose connected with an investigation of an offense. See Criminal Procedure Act §§ 5.1, 56.1.

c. Must I confess?

ANSWER:

No. The police officer has a right to question you, but the officer cannot force you to say anything if you do not have any information. They also cannot force you to say anything you do not want to say or make you confess. The police officer must also caution that anything you say may be used against you in court. If you are charged with an offense, the prosecutor at its discretion may continue with a case to be heard by the Juvenile Court. See Criminal Procedure Act § 106.

d. What adults can I ask to be with me?

ANSWER:

Regardless of whether you want a certain adult to be with you during questioning, the only legal adults that are required to be with you are your legal parent or guardian. If you are charged with an offense, the Juvenile Court may in its discretion require the attendance of your parent, guardian, relative or a social welfare officer and may make such orders as are necessary for including that person's attendance into actual court proceedings. See Criminal Procedure Act § 12.

e. Who do police have to contact if I am a legal minor?

ANSWER:

If you are a minor, the police must notify your parent or guardian when you are in the company of a police officer for a purpose connected with an investigation of an offense. See Criminal Procedure Act §§ 5.1, 56.1.

f. Can (or should) my questioning by police be recorded?

ANSWER:

• You should always contact a lawyer before making any statements to anyone in a criminal case or investigation.
• This applies even if you are told that (i) police officers only want to question you and/or (ii) you are only a witness.

a. What if I am just a witness?

ANSWER:

You should cooperate with authorities, if required to do so. A court may require you to appear in court or bring evidence to court and if you, without a good reason, do not cooperate, you can be arrested or fined. See Criminal Procedure Act §§ 142-47.

b. When can I contact a lawyer and what if I can't pay for it?

Once you are arrested, you have the right to request the assistance of a lawyer and the right to only be questioned in the presence of your lawyer. If you cannot afford a lawyer, you may be able to secure free legal services from a local legal aid clinic. See Criminal Procedure Act § 54.

c. Do the police have to contact my parent/guardian?

a. Can the police lie to me?

ANSWER:

No. Making, creating, or signing any false statement in any official record or document is an offense, and the police officer will be punished. See Police Force and Auxiliary Services Act.

b. Do I have to tell the police the truth?

ANSWER:

REMEDIES:

There are internal and external mechanisms for overseeing the work of police officers and handling complaints against police officers in Tanzania.

You can make a complaint against individual police officers at a police station by complaining to the police officer's superior or the head of the police station (if it is a breach of duty, ethics or discipline). Police stations are likely to then have their own internal complaints and disciplinary procedures. However, internal complaints procedures may be ineffective given the lack of transparency and discouragement from lodging complaints.

There are also external bodies like the Tanzania Commission for Human Rights and Good Governance that have the power to review potential abuses of power. The Office of the Ombudsman or Permanent Commission of Enquiry, which is an independent body, also has the power to investigate corruption and abuse of power by public authorities, including members of the police, and make recommendations to the President.

If it is more serious than a breach of duty, ethics or discipline, or if it amounts to a crime then you can also go straight to the court and file a complaint there. If you are unsure, you can ask the Commission for Human Rights and Good Governance or a lawyer.

REMEDIES:

You can file a complaint at the website of the Commission for Human Rights and Good Governance.

The Commission for Human Rights and Good Governance is charged with promoting awareness of human rights and investigating complaints concerning practices of police, among others, regarding abuse of power, injustice, and unfair treatment of any person, in the exercise of their official duties.

REMEDIES:

You can file a complaint at the website of the Commission for Human Rights and Good Governance whose mission is to investigate or inquire into complaints concerning actions by police (among others) for complaints of abuse of power, injustice, or unfair treatment of any person in the exercise of their official duties. This is true whether or not you were the actual victim of the discrimination.

REMEDIES:

If there has been a violation of your human rights, national remedies may include legal proceedings (criminal or civil), arbitration or conciliation mechanisms, independent complaints procedures, a national ombudsman or national human rights commission.