In a recent ruling by the African Court on Human and Peoples’ Rights, Tanzania has been ordered to remove corporal punishment from its laws, marking a significant step towards human rights reform. The court’s decision came as a result of an appeal by Yassin Rashid Maige, who had been sentenced to 30 years in prison with the added punishment of 12 canings for armed robbery. This ruling has far-reaching implications for Tanzania’s legal system and its stance on corporal punishment.
On September 5, the African Court on Human and Peoples’ Rights handed down a historic ruling, urging Tanzania to amend its laws to align with the Charter that established the court. The court found that the Tanzanian legal system had violated Maige’s right to dignity by subjecting him to corporal punishment.
Prohibition of Cruel and Inhuman Treatment
The African Court emphasized the importance of prohibiting cruel, inhuman, or degrading treatment or punishment. It argued that this prohibition should extend to all forms of abuse, whether physical or mental. This decision has brought into focus the broader implications of corporal punishment beyond its use in schools, as it was previously mainly associated with disciplinary measures in educational institutions.
Tanzania has a history of opposing corporal punishment, particularly within schools. Instances of teachers and local government officials using caning as a means of punishing students for behavioral offenses have been a cause for concern. Tragically, some incidents have even led to the loss of young lives, such as the 2021 case of a 13-year-old student who died after a severe beating by a teacher.
The issue of corporal punishment has also entered the political sphere. In 2019, Dar es Salaam Regional Commissioner Albert Chalamila publicly flogged 14 secondary school students who were accused of starting a fire in their dormitories. While this action was criticized by children’s rights advocates, it received commendation from then-President John Magufuli.
The Case of Yassin Rashid Maige
Yassin Rashid Maige, the central figure in this landmark ruling, had been serving his sentence at Uyui Central Prison in Tabora since September 2003. He was convicted for his involvement in a 1999 robbery that involved gunshots but caused no injuries. The district court sentenced him to 30 years in prison and 12 strokes of the cane. Although Maige appealed his sentence, it was upheld, leading to his application to the African court in 2017.
The African Court not only ordered the abolishment of corporal punishment but also directed Tanzanian authorities to compensate Maige with Tsh300,000 ($119) for “moral prejudice” and his right to free legal representation being denied during domestic court proceedings. However, it dismissed Maige’s claim for a reduced jail sentence or early release.
The African Court’s ruling to end corporal punishment in Tanzania is a significant step towards upholding human rights and dignity. This case highlights the importance of protecting individuals from cruel and degrading treatment, whether in schools or as part of criminal sentencing. Tanzania now faces the task of amending its laws to comply with the court’s decision, signaling a positive change in the country’s approach to justice and human rights.