The Application of ICT in Safeguarding the Rights of Suspects during the Police Interview in Tanzania; Law and Practice
Abstract
This paper examines on law and practice of the application of ICT in protecting the rights of suspects during the police interview. The study is conducted with the assumption that the legal framework in Tanzania does not effectively accommodate the application of ICT during police interviews with suspects and thus the police officers do not apply ICT in conducting interviews with suspects. This study makes an in-depth analysis of the role of ICT devices during the police interview in protecting the rights of suspects. The study makes a critical analysis of the existing legal framework, identifies gaps or shortcomings in the said laws and analyses how the same contribute to the problem. The researcher applied doctrinal research methodology and the same was complemented by an empirical research methodology. The researcher collected primary data through a review of various laws, the same was complemented by interviews from sampled respondents. Secondary data were also collected through documentary reviews of books, articles, journal papers, and reports from both physical and online sources
Downloads
References
Adams, S, Criminal Investigation, the Special Press Limited, London, 2004. Alder, J. Constitutional and Administrative Law, (5th Ed), Palgrave Macmillan, New York, 2005
Chipeta B. Criminal law and Procedure; A digest of cases, LawAfrica Publishing industry, 2019.
Kijo, H, Justice and Rule of Law in Tanzania Selected Judgments and Writings of Justice James L. Mwalusanya and Commentaries, Legal Human Rights Centre, Dar es Salaam,2005.
Killander, M, International Law and Domestic Human Rights Litigation in Africa, Pretoria University Press, Cape Town, 2010.
Kothari, C. K& Garg, G., Research Methodology Methods and Techniques, (3rd Ed), New Age International Limited, New Delhi 2012.
Mambi, A. A Sourcebook for Information and Communication Technologies and Cyber Law in Tanzania and East African Community, 2nd Ed, Dar-es-salaam: Mkuki na Nyota. (2014).
Mbondenyi, M International Human Rights and their Enforcement in Africa, Law Africa Publishing (K) Limited, Nairobi,2014.
Nowak M, Introduction to the International Human Rights Regime, Martinus Nijhoff, Publishers, Boston,2003
Ouguergouz F, the African Charter on Human and Peoples’ Rights; a Comprehensive Agenda for Human Dignity and Sustainable Democracy in Africa, Martinus Nijhoff Publishers, Hague, 2000.
Peter, C. M., Human Rights in Tanzania selected Cases and Materials, Rudiger Koppe Verlag, Koln,1987.
Richard, N.R, Ethics of Human Rights the African Contribution, CUEA PREO, Nairobi Kenya,2010. 170
Saffari, A. Prosecution and Defence of Criminal Cases. Dar-es-salaam: Huda Publishers. (2009).
Shivji, I. G., Pan-Africanism or Pragmatism? Lessons of the Tanganyika –Zanzibar Union. Dar-es-salaam: Mkuki na Nyota Publishers, 2008
Suresh, H, All Human Rights are Fundamental, (2nd Ed)., Universal Law Publishing Co, New Delhi, 2010.
Takwani C. K, Lectures on Administrative Law (3rd Ed)., Eastern Books Company, New Delhi,2002.
Trechsel S, Human Rights in Criminal Proceedings, Oxford University Press, London 2005. University Press, London,2012.
Twaib F & Kinywafu D. Criminal Procedure and Practice in Tanzania: A case Digest, Juris Publishers Limited,2019
Weissbrodt, D.S, The Right to a Fair Trial Under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, Martinus Nijhoff, Boston,2001.
List of Journals
Aafke, Diepeveen., Jan, Svennevig., Pawel, Kazimierz, Urban ik. "2. Suspects’ opportunities to claim their legal rights in police investigative interviews." International Journal of Speech Language and The Law, undefined (2022).
Ashlee, Beazley., Anna, Pivaty. "3. The right to silence in pre-trial investigations:" The New Journal Of European Criminal Law, undefined (2021).
Chalmers, J. et al, “Recording of police interviews”, Post-Corroboration Safeguards Review Report of the Academic Expert Group. The Scottish Government, Edinburgh, (2014) pp. 118-123.
David D., “A Window into the Interviewing Process?” The Audio-visual Recording of Police Interrogation in New South Wales, Australia." Policing & Society, undefined (2006).
Legal protection of the suspects to not experience violence in investigation process." International journal of advanced research, undefined (2023).
Police Interview of Suspects in China: Developments and Analyses. International Journal of Police Science and Management
Roman, V., Mazyuk. "1. On a Person Suspected within the Framework of Criminal Intelligence and Surveillance Activities and His Right to an Attorney." (2023).
Taking Advantage of New Technologies: For and Against Crime, Computer Law and Security Review, Vol. 24 Issue 5.
Wasserman H. "Police Misconduct, Video Recording, and Procedural Barriers to Rights Enforcement." Social Science Research Network, null (2017).
List of Online Sources
Williams. A. (2024). A Criminal Lawyer’s Overview Of Police Interview, as retrieved from https://www.andrewwilliamslawyer.com.au/a-criminal-lawyers-overview-of-police-interviews.html, Accessed on 24/08/2024
http://repository.costech.or.tz/handle/11192/3841#:~:text=Cautioned%20statement%20are%20the%20oral,used%20as%20evidence%20against%20him Accessed on 10/11/2024
https://www.legalchoices.org.uk/dictionary/caution Accessed on 10/11/2024
https://hnksolicitors.com assessed on 06th October 2024
Miranda, Bevan2. Police Interview. (2024).
https://www.gotocourt.com.au/criminal-law/nsw/police-interview ,Accessed on 20th July,2024
The National Prosecutions Service. Criminal prosecution case manual: 2023, at pg 2
https://sites.psu.edu/aspsy/2023/10/12/the-importance-of-police-investigation-and-the-controversy-surrounding-it, Accessed on 20th September, 2024
Copyright (c) 2025 Luka Ngogo, LLM-ICT LAW
This work is licensed under a Creative Commons Attribution 4.0 International License.
