Tanzania/UK: Disbarment, arrest and detention of lawyers in Tanzania

04/01/21

Who we wrote to

The president of Tanzania, John Pombe Magufuli.

What’s the issue

We’re gravely concerned about attacks on lawyers and the independence of the legal profession in Tanzania, which takes the form of disbarments, arrest and detention, and legislative proposals.

Lawyer Fatma Karume

Fatma Karume was recently disbarred, following the Advocates’ Disciplinary Committee decision of 23 September 2020 for statements made in written submissions as well as comments she made on Twitter.

On 20 September 2019, Ms Karume had been suspended as a lawyer by the Tanzanian High Court, which referred the case of her alleged professional misconduct to the  committee.

We’re concerned that the High Court suspended Ms Karume from legal practice, even though that court itself recognised that the matter had to be dealt with by a “proper and unfettered forum” and that she had a right to be heard.

Lawyers Jebra Kambole and Edson Kilatu

On 10 March 2020, Kisutu Resident Magistrate’s Court found nine opposition party leaders guilty of criminal offences, including unlawful assembly, rioting and sedition, and sentenced them to payment of a total of 350 million Tanzanian schillings or a five-month prison term.

[…]

https://www.lawsociety.org.uk/en/campaigns/international-rule-of-law/intervention-letters/disbarment-arrest-and-detention-of-lawyers-in-tanzania

https://www.americanbar.org/groups/human_rights/reports/tanzania–american-bar-association-statement-of-concern-on-perma/

https://www.thecitizen.co.tz/news/Fatma-Karume-removed-permanently-from-the-roll-of-advocates/1840340-5626514-cif60m/index.html

https://www.immma.co.tz/people/karume/index.php

https://www.hrw.org/news/2020/12/18/tanzanian-activist-still-jailed-one-year

https://www.americanbar.org/groups/human_rights/reports/tanzania–u-n-working-group-on-arbitrary-detention-issues-decisi/

http://www.mandelaschool.uct.ac.za/jebra#:~:text=Jebra%20Kambole%20is%20an%20Advocate,%2Des%2DSalaam%2C%20Tanzania.

http://divinaattorneys.co.tz/divinaattorneys_team

Click to access A_HRC_WGAD_2020_38_Advance_Edited_Version.pdf

“The Law Society is concerned that the High Court suspended Ms @fatma_karume from legal practice, even though that Court itself recognised that the matter had to be dealt with by a “proper and unfettered forum” and that she had a right to be heard” @TheLawSociety #ChangeTanzania pic.twitter.com/2nAVrrkTI1

— #ChangeTanzania #ZanzibarLivesMatter (@ChangeTanzania) January 5, 2021

“In accordance with the case-law of international tribunals, such as the European Court of Human Rights, there is less room for restriction of a lawyer’s right to freedom of expression if it regards legal submissions.” @TheLawSociety #UhuruWaKujieleza #ChangeTanzania pic.twitter.com/F055xd3Jqg

— #ChangeTanzania #ZanzibarLivesMatter (@ChangeTanzania) January 5, 2021

Suspension of @fatma_karume …… “This disproportionate length of time is in violation of internationally accepted fair 2 trial guarantees, as well as international principles regarding disciplinary sanctions against lawyers.” @TheLawSociety #UhuruWaKujieleza #ChangeTanzania pic.twitter.com/wnRXpLB0zH

— #ChangeTanzania #ZanzibarLivesMatter (@ChangeTanzania) January 5, 2021

“The UN Working Group recalls that article 19 (2) of the Covenant provides that everyone has the right to freedom of expression, and that this right includes freedom to seek, receive and impart any information regardless of frontiers” @UN_HRC #FreeTitoMagoti #ChangeTanzania pic.twitter.com/xBOPsZB3NE

— Think Different (@lifeofmshaba) January 5, 2021

“The UN Working Group notes that while the authorities acknowledged having Mr. Magoti in custody, he was denied contact with the outside world and in particular his family and lawyer. “ @UN_HRC #FreeTitoMagoti #ChangeTanzania pic.twitter.com/HjzKnaYiTS

— Ntele Joseph (@ntelejose) January 2, 2021

Tagged: American Bar Association, Human Rights Watch, Law Society of England & Wales, tanzania, UN Working Group on Arbitrary Detention, United Kingdom, United Nations