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Tanzania Case Law

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Criminal law misc

misc

Given the credible threat to prosecution witnesses and their families, as evidenced by prior violence and ongoing attempts to identify and intimidate witnesses, and in accordance with statutory provisions, the court is justified in granting non-disclosure and protection orders to ensure witness safety and the integrity of the trial.

  • Witness protection
  • Non-disclosure orders
  • In camera proceedings
  • Fair trial rights
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Criminal law The Director of Public Prosecutions vs Hassan Ally Kube Another Misc

The Director of Public Prosecutions vs Hassan Ally Kube Another Misc

Given the seriousness of the charges, the threats to witnesses, and the legal framework supporting witness protection, the court found it necessary to grant non-disclosure of witness identity and related documents, and to conduct committal proceedings in camera, limited to the committal stage. Further protection measures for the trial stage should be sought before the trial judge.

  • Witness protection
  • Disclosure of evidence
  • In camera proceedings
  • Committal proceedings
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Criminal law republic vs ayoub said maulid 2023 tzhc 22376 4 september 2023

republic vs ayoub said maulid 2023 tzhc 22376 4 september 2023

The High Court convicted Ayoub S/O Said @ Maulid of attempting to commit a terrorist act by trying to join Al-Shabaab Al Islaamiya, and sentenced him to 18 years.

  • Attempt to commit terrorist act
  • Membership in terrorist organization
  • Confession evidence
  • Standard of proof in criminal trials
  • Alibi defence
  • Attempted-terrorism
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Criminal law director of public prosecutions vs said abashari hassan omary and 8 others 2021 tzhc 7406 1 december 2021

director of public prosecutions vs said abashari hassan omary and 8 others 2021 tzhc 7406 1 december 2021

Given the seriousness of the terrorism charges, credible threats to witnesses, and the statutory authority under Tanzanian law, the court is empowered and obligated to grant protection measures for prosecution witnesses, including non-disclosure of identity, non-disclosure of statements/documents, and testimony via video conference, to ensure their safety and the integrity of the proceedings.

  • Witness protection
  • Non-disclosure orders
  • Video conferencing of testimony
  • Fair trial rights
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Criminal law director of public prosecutions vs yahya twahiru mpemba and 15 others 2021 tzhc 7403 1 december 2021

director of public prosecutions vs yahya twahiru mpemba and 15 others 2021 tzhc 7403 1 december 2021

The court found that the nature of the terrorism offence, ongoing threats to witnesses, and the existence of statutory provisions and persuasive precedents justify granting comprehensive witness protection orders, including video testimony and non-disclosure of witness identity and statements.

  • Witness protection
  • Fair trial
  • Terrorism
  • Ex-parte proceedings
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Criminal law director of public prosecutions vs shaban mmasa jamal and 7 others 2021 tzhc 7404 1 december 2021

director of public prosecutions vs shaban mmasa jamal and 7 others 2021 tzhc 7404 1 december 2021

Given the seriousness of the terrorism charges, credible threats to witness safety, and the legal framework permitting such measures, the court finds it just and necessary to grant the requested witness protection orders to ensure the safety of witnesses and the integrity of the proceedings.

  • Witness protection
  • Non-disclosure orders
  • Video conferencing testimony
  • Fair trial rights
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Criminal law director of public prosecutions vs fundi hamisi kamara fundi hamisi and others 2021 tzhc 7177 30 september 2021

director of public prosecutions vs fundi hamisi kamara fundi hamisi and others 2021 tzhc 7177 30 september 2021

The High Court granted the DPP’s ex parte application for witness protection in a terrorism-related case, ordering non-disclosure of witness identities and related materials.

  • Witness protection
  • Non-disclosure orders
  • Terrorism
  • Criminal procedure
  • Witness-protection
  • Non-disclosure-orders
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.