Mutual Legal Assistance and Extradition as Tools for International Cooperation in Tanzania: Practice and Challenges

  • Alex Marwa Mwita Ruaha Catholic University
Keywords: Mutual Legal Assistance, International cooperation, Extradition, Tanzania's legal system, Criminal justice
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Abstract

The role of Mutual Legal Assistance (MLA) and Extradition in fostering international cooperation in criminal matters has gained significant attention in recent years, especially in the context of cross-border crimes. This paper examines the effectiveness of the MLA and Extradition mechanisms in Tanzania, exploring their legal framework, practical application, and the challenges encountered in their implementation. Through an analysis of national laws, international treaties, and case studies, this study aims to assess how Tanzania's legal system facilitates international cooperation in criminal justice. It highlights the procedural obstacles, legal ambiguities, and human rights concerns that can impede the smooth execution of MLA and Extradition requests. Additionally, the paper explores the role of regional and international partnerships in addressing these challenges and strengthening Tanzania’s capacity to combat transnational crime. Ultimately, this work seeks to contribute to a more effective framework for international cooperation in criminal matters, aligning Tanzania’s practices with global standards and ensuring the protection of fundamental rights in the process

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References

The Mutual Legal Assistance in Criminal Matters Act [Cap 254 R.E 2022]

The Extradition Act [Cap 368 R.E 2022]

The National Prosecution Services Act [Cap 430 R.E 2019]

Guidelines

DPP’s Guidelines to the Prosecutors and Competent Authorities for Making and Executing Mutual Legal Assistance and Extradition Requests 2023

Guidance for Authorities Making Requests to the United Republic of Tanzania

Conventions

The United Nations Convention Against Transnational Organized Crime (Palermo Convention) 2000

The United Nations Convention Against Corruption (Merida Convention) 2003

United Nations Office on Drugs and Crime (UNODC); Manual on Mutual Legal Assistance and Extradition, Vienna 2012

The Harare Scheme and London Scheme Relating to Mutual Legal Assistance and Extradition 1990

SADC Protocol on Mutual Legal Assistance in Criminal Matters 2002

International Conference for the Great Lakes Region Protocol on Mutual Legal Assistance and Extradition

The African Union Convention on Preventing and Combating Corruption (AU Convention) 2003

Text Books

Andrew Clapham (2007) “Human Rights. A Very Short Introduction”

J Mubagizi; The Protection of Human Rights in South Africa; A Legal and Practical Guide Juta & Co 2013

James Crawford (2006) “The Creation of States in International Law”

Shabtai Rosenne (1997) “The Law and Practice of International Law

Published
16 September, 2025
How to Cite
Mwita, A. (2025). Mutual Legal Assistance and Extradition as Tools for International Cooperation in Tanzania: Practice and Challenges. East African Journal of Law and Ethics, 8(1), 344-355. https://doi.org/10.37284/eajle.8.1.3652