Browsing by Author "Mashaka, Leonard Michael"

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    Code of conduct for law enforcement officials: a search for suitable approaches to its implementation and enforcement in Tanzania
    (University of Dar es Salaam, 2002) Mashaka, Leonard Michael
    The aim of this dissertation is to examine the extent to which law enforcement officials in Tanzania, specifically criminal investigators, abide by the Code of Conduct for Law Enforcement Officials. This is a United Nations instrument, which provides for principles and standards with a view to protecting human rights. It was adopted by the United Nations General Assembly resolution 34/169 of 17th December 1979. The reasons behind the failure by criminal investigators to abide by the said Code are looked into. Chapter one examines the functions and powers of law enforcement officials in various jurisdictions, focusing on those functions and powers that make such officials prone to violation of human rights. Examination is also conducted about how the Code is given effect in municipal law and enforced in those jurisdictions. It is found out that although several pieces of legislation have been enacted to safeguard rights of individuals, violation of those rights still persists. Chapter two dwells on the position obtaining in Tanzania. Starting with the establishment of Criminal Investigation Department, the work reviews the powers and functions of criminal investigators. It is established that although the law governing activities of such officials echoes some of the principles in the Code of Conduct for Law Enforcement officials, there is no indication of any deliberate move to incorporate those principles into the municipal law of Tanzania. Chapter three reviews the question of public trusts towards criminal investigators relation to the exercise of their powers in pursuit of the loner's administration of law and order. Case studies and field survey reveal that the public has generally lost confidence towards law enforcement officials. This is principally attributable to the lack of sufficient training in investigative skills and human rights, inefficiency, corruption as well as the lack of scientific investigation because of poor equipment. In the conclusion, the study gives possible approaches to the incorporation of the Code into local law and its enforcement.