The Principle of Presumption of Innocence: A Human Rights-Based Assessment of the Laws and Practice in Tanzania

الملخص

The presumption of innocence is a cornerstone of criminal justice and a fundamental human right enshrined in Article 13(6)(b) of the Constitution of the United Republic of Tanzania, 1977. It mandates that an accused person shall be deemed innocent until proven guilty by a competent court. This paper provides a human rights-based assessment of the legal framework and practical application of this principle in Tanzania. It argues on the historical and legal foundations of the presumption of innocence, its recognition in both domestic and international instruments, and critically analyses how Tanzanian laws and judicial practices often contradict the principle through denial of bail, prolonged pre-trial detention, and mistreatment of remandees. The study reveals that such practices lead to human rights violations, including loss of liberty, psychological trauma, economic hardship, prison overcrowding, and public mistrust in the justice system. Using key case examples and reports, the paper highlights the socio-economic and legal consequences of undermining this right. It concludes by recommending reforms such as amending bail laws, reducing pre-trial detention periods, and improving prison conditions to ensure compliance with international human rights standards and promote access to justice and fairness in the criminal justice system of Tanzania