DECLARATION AND CERTIFICATION

Declaration,
I, Belinda Winystone Kalalu, declare that this mini-dissertation is my own original work
and that it has not been presented and will not be presented to any other University of
similar objective or an award of degree.

Signature……………………………………………………
Date…………………………………………………………

Certification,

We the undersigned, do hereby certify that we have read and hereby recommend for
acceptance by the Mzumbe University

Supervisor’s Name_____________________________

Signature ____________________________________

Date________________________________________

Internal Examiner’s Name________________________

Signature ______________________________________

Date__________________________________________

i
 COPYRIGHT
All rights reserved, no any part of this mini-dissertation may be reproduced, stored in
any retrieved system or transmitted or translated in any form except be permitted by
author or Mzumbe University.

©BELINDA WINYSTONE KALALU

Mzumbe University
March, 2021

ii
 DEDICATION
This work is dedicated to God, the Almighty, and to my dear daughter Blessing Michael
Mlay together with my family from which has been of the great inspiration in my life
especially in the whole process of pursuance of my education for in absence of their
precious love I would not step to the place I am today, for they have given me a way and
life passage, may God bless them.

iii
 ACKNOWLEDGEMENT
I am grateful to a number of people whose assistance made this study possible. There are
so many people whom in one way or another have helped and encouraged me in the in
accomplishment of this work. Words alone cannot describe fully my appreciation for the
debt I owe them; however, I heartily thank all them for their great support.
However, it will not be fair not to mention even a few of them;
First and foremost, I would like to convey my special thanks to the Almighty God, from
whom upon his love to me I was granted good health during the whole time of my
research.
Second I would like to give my appreciation to Mr. Yohana Seme who is my supervisor
at Mzumbe University whereby in one way or another he gave me courage and
directives on how to go about on compiling this report.
Special thanks with much gratitude goes to my family starting with my daughter
Blessing and my lovely parents, Mr. Winystone Kalalu and Mrs Rose Malisa for their
support and prayers, and extends to my brother Denisi Kalalu, and my lovely aunty
Agness Kalalu for whom together all of them have successfully gave me moral and
material support in the completion of this support.
Lastly my thanks giving goes to hon Mushi (former District Rm of Moshi), hon Kingazi
(Rm Moshi District), hon Mushi (Moshi Urban Primary court magistrate) and advocate
Zakia from National Organization for Legal Aid (Nola) together with all the people from
which through them I managed to collect enough information. May Almighty God grant
them with abundant blessings

iv
 ABSTRACT
This research paper has attempted to analyze the role of prison in rehabilitate of
prisoners. In succeeding towards this intention whether imprisonment as Rehabilitative
Measure in Tanzania work effectively, if there some defect why they occurred and
measure to made prison to perform their effective responsibility of reform the prisoners.
In Tanzania, aim of imprisonment to be a punishment that would lead to physical
discipline and moral transformation which the rehabilitation of convicts. A convict while
being punished by imprisonment should be rehabilitated into society and that
punishment will make reform of the convict to rediscover his mistakes and apply a new
non-criminal altitude while in the prison face an instance similar to that which lead to
the commission of the offence which he was convicted.
The aim of imprisonment no one is ever proving whether rehabilitation is one among the
purpose of punishment of imprisonment. Then, no specific class of offender or prisoner
which are termed for being easily rehabilitated. Hence they failed to know how effective
the way of imprisonment is the rehabilitative measure. Despite its existence yet its
objectives have not been fully realized and most prisons remained overcrowded while
crime rates increased With regard to the analysis of different laws governing prison,
prisoner’s imprisonment and rehabilitation of prisoners, this has been insisted under the
Prison Act, in the Constitution of United Republic of Tanzania of 1977, The Standard
Minimum Rule of treat a Prisoners of 2015 and The Universal Declaration of Human
Right of 1948 provides for equality and all men are equal before the law. Although
many judge’s magistrate and legal officers seems to believe that by increasing the
severity of punishment may help to reduce the rate of crime, steal there is no equality as
to the crime committed and punishment provided. The exact relationship between crime
rate and punishment is steel very mysterious.
Therefore, this dissertation is intended to be used by the respondent as they will be
aware of whether there is a relationship between crime rate and imprisonment. It also
intended to make sure that the information provided will help to ratify the problems
facing imprisonment as measure to reform offenders. Not only that but also will use
other sources to relate with the same problem.

v
 LIST OF ABREVIATION AND ACRONYMS
BC Before Christ.
CA Court of Appeal.
CAP Chapter.
CJ Chief Justice.
COVID Coronavirus Disease.
CURT Constitutional of United Republic of Tanzania.
DPP Director of the Public Prosecution.
HCD High Court Digest.
Ibid Ibidem.
ICCRP International Covenant on Civil and Political Right.
NGO’s Non-Governmental Organization.
R.E Revised Edition.
TEC Tanzania Episcopal Conference.
TLC Tanganyika Law Society.
UN United Nation.

vi
 LIST OF STATUTES
The Constitution of the United Republic of Tanzania of 1977

LIST OF LOCAL STATUTES

Prison Act Cap 34 of 1967
The Minimum Sentence Act NO 29 of 1963
The Penal Code CAP 16 RE 2019
The Prison (Prison Management) Regulation 1968 Government Notice NO 1962
The prison (Prison Management) Regulation of 1987

LIST OF INTERNATIONAL INSTRUMENT

The International Covenant on Civil and Political Right 1966,
The Standard Minimum Rule of Treat a Prisoners of 1955.
The Universal Declaration of Human Right of 1948.

vii
 LIST OF CASES
D.P.P Vs Daudi Pete Criminal Appeal No 28 of 1990

Knuller Ltd V. DPP (1973) AC 435

Maneka Gandhi V Union (1978) 1 S.C.C.248

LIST OF TABLES
viii
Table No 1. Crime Cases Reported at The District Crime Office: 2015-2020.

Table 2. Criminal Cases Reported at The Regional Crime Office 2015-2020

Table 3. Criminal Cases as Registered in The Regional Crime Office. 2015-2020

Table 4. Tanzania Prisoners Rate from the year 2015 to 2020.

Table 5. Evaluation of imprisonment as from ex-convict view

Table No 6: Evaluation of Imprisonment from Non-Convict’s View

TABLE OF CONTENTS
DECLARATION AND CERTIFICATION...................................................................i
ix
COPYRIGHT...................................................................................................................ii

DEDICATION.................................................................................................................iii

ACKNOWLEDGEMENT..............................................................................................iv

ABSTRACT......................................................................................................................v

LIST OF ABREVIATION AND ACRONYMS...........................................................vi

LIST OF STATUTES....................................................................................................vii

LIST OF CASES...........................................................................................................viii

LIST OF TABLES..........................................................................................................ix

TABLE OF CONTENTS.................................................................................................x

CHAPTER ONE...............................................................................................................1

INTRODUCTION AND BACKGROUND TO THE PROBLEM..............................1

1.0 Introduction.........................................................................................................1

1.1 Background to the problem......................................................................................2

1.2 Statement of the problem..........................................................................................4

1.3 Objectives of the study........................................................................................5

1.3.1 General Objective..............................................................................................5

1.3.2 Specific Objectives............................................................................................5

1.4 Research Questions...................................................................................................5

1.5 Research methodology.............................................................................................5

1.5.1 Doctrinal research..............................................................................................6

1.5.2 Field research.....................................................................................................6

1.6 Scope of the Studies.................................................................................................6

1.7 Significance of The Research...................................................................................6

CHAPTER TWO..............................................................................................................8

x
LITERATURE REVIEW................................................................................................8

2.0 Introduction..............................................................................................................8

2.1 Critical Review of Literature....................................................................................8

2.2 Legal Framework on Imprisonment as Rehabilitative Measure to Prisoners.........11

2.2.1 International Law Governing on Imprisonment as Rehabilitative Measure....11

2.2.2 Local Laws governing on Imprisonment as Rehabilitative Measure in

Tanzania....................................................................................................................12

2.2.3 Case Laws on the rehabilitation of offenders..................................................13

2.3 Conclusion..............................................................................................................13

CHAPTER THREE.......................................................................................................14

DATA PRESENTATION AND ANALYSIS...............................................................14

3.0 Introduction............................................................................................................14

3.1 Crime Rate..............................................................................................................14

3.1.1 Crime Rate as from The District Crime Office................................................14

3.1.2 Crime Rate in Kilimanjaro Region..................................................................15

3.2 Prisoner Rate of the Nation....................................................................................16

3.3 Evaluation of Imprisonment as the Rehabilitative Measure...................................17

3.3.1 Evaluation from Ex-Convict’s View...............................................................17

3.3.2 Evaluation from Non-Convicts View..............................................................19

3.4 Factor Affecting Rehabilitation of Convicts..........................................................19

3.4.1 Factor affecting rehabilitation as from ex-convict’s views..............................19

3.5 Factors affecting rehabilitation as from non-convict’s view..................................25

3.6 Conclusion..............................................................................................................25

CHAPTER FOUR..........................................................................................................27

CONCLUSION AND RECOMMENDATIONS.........................................................27

xi
 4.0 Introduction............................................................................................................27

4.1 Conclusion..............................................................................................................27

4.2 Recommendations and Policy Implication.............................................................28

4.2.1 Training............................................................................................................28

4.2.2 Observation of Fundamental Human Rights....................................................29

4.2.3 Unjustifiable sentences must be abolished......................................................29

4.2.4 Separation of Prisoners....................................................................................30

4.2.5 Improvement of Prisoner conditions................................................................30

BIBLIOGRAPHY..........................................................................................................32

xii
 CHAPTER ONE

INTRODUCTION AND BACKGROUND TO THE PROBLEM

1.0 Introduction
The imprisonment has been conceptualized as measure of punishment by different
societies. Term imprisonment as one form of the punishment come from the root word
“prison”. A term prison defines to mean a place where people are kept as a punishment
for crimes they have committed.1 It is a place from which somebody cannot escape.
Traditionally, prisons have been conceived as places where those considered social
wrongdoer are sent and retained for the sake of protecting society harmony and
preserving the rights and dignity of other members.

Isaac Abel in his research paper define a term “prison” to mean “a public building or
other place for the confinement or safe custody of prisons whether as a punishment
imposed by law or otherwise in the course of the administration of justice”. Also prison
means a social control that brings pressure to bear on person for not doing his duty in the
society.2

The term imprisonment can be termed as keeping somebody in prison. Prison have four
major purpose. These purposes are retribution, incapacitation, deterrence, protect the
public from those who commit crime and rehabilitation. Rehabilitation refer to activities
designed to change criminals into lower abiding citizens, and may include providing
educational courses in prison, teaching job skills and offering counselling with a
psychologist or social worker.3 the notion that prison can be a place where individuals
can be taught to change their behavior is attractive on number of counts. In the first
place, it provides a positive justification for what would be an otherwise negative form
of punishment of the criminal. The notion of prison as the place where person reform
can be engineered and encouraged is also attractive to those public spirited men and

1
www.stopaca.org/ purposes of prisons.Stop crime.retrieved on Friday 1 st of January 2021at 09:53am
2
Oxford Advanced Learners Dictionary, 5th edition.pg 246.
3
Smith and Hogan,(1978) Criminal Law 4th edition, Nairobi; Bureau pg 16
1
women who work in prisons and wish to do more professionally than merely deprive
prisoners of their liberty.

1.1 Background to the problem

The problem which cause a person to be imprisoned started by the emergency of crime.
Crime arose with the rise of classes in the society, which occurred due to conflict
inherent in unequal distribution of wealth, power and control. 4 This is confirmed in the
case of Kneller Limited V DPP5 where the House of Lords was of the view that:

“The courts do not have residual power to extend criminal law by creating new
offence and widening the existing ones to enforce good morals. It is the state which
decides what should be a crime”

There has developed a quite number of theories in the reasons and justification of the
sentence of imprisonment and the rule it prays. One of features of criminals is the
imposition of punishment where the proof that one has broken the law. Punishment and
the need of it existed as far as man life is concerned. For example, the Holly Bible in the
book of Genesis under chapter 19 verse 20 states that: “Joseph master took him in
prison, the place where the king prisoners where confirmed”

Also, the holy Quran under the book of joseph paragraph 36 chapter 12, Surat Yusuph
states that “He (Joseph) was jailed together with two youths”. This two quotation prove
that prison and imprisonment where their long time before Jesus Christ and Prophet
Mohammed era.

During slavery and the dark ages, the penal system was not only barbaric, but also
effectual though: the general tendency has now been towards moderation. Joel Samah
was the view that;

“the sentencing of criminal offenders is a reflection of multiple and often conflicting

social objective”6

4
Mapunda.B.T (1996) Criminal Law and Procedure, Part One OUT Pg15-16
5
(1973) AC 435
6
Joel Samaha. Criminal Justice; USA 1995 Pg.52
2
Punishing people certainly needs justification, since it is almost always something which
harmfully painfully or unpleasant in the recipient. Imprisonment causes physical
discomfort, psychological pain, indignity and general and happiness along with the
variety of other disadvantages such as implied prospect for employment social life etc.

Slattery observed “however good prisons condition may be prisoner dislike the
deprivation of liberty. The isolations from socialized of the community and on reprise
the loss of status of the difficulty in getting the job. Almost every prisoner see prison
unpleasant because it cut of his own life”7 it has been started prison unpleasant and
unjust as it deprive once liberty and decent life and isolate him from society.

Prisons were introduced by the earliest record of prisons came from the 1 st millennia BC,
located on the areas of mighty ancient civilizations of Mesopotamia and Egypt. During
those times prisons were almost always stationed in the underground high walls where
guilt or suspected criminals spent their life either waiting death sentence or command to
become slave.8

Imprisonment in African societies started when European arrived. Where by slaves,

tribal war captive and people unable to pay debt saved Chiefs and Kings in manual work
also those captured in slave raiding become prisoners.9

In Tanzania imprisonment system started when Germany established their colonial rule
in Tanganyika although they found some prison ready established they went on in
establishing more prisons at Bagamoyo, Iringa, Lindi, Liwale, Moshi, Tukuyu, Masasi,
Bukoba, Mahenge, Tabora, Mikindani, Kilwa, Mwanza, Kigoma, Newala and Lushoto.10

The British colonial system inherited prison institutions from Germany and went on
building more prisons. These include Songea, Handeni, Njombe, Kasulu, Geita, Same,
Mbulu, Kilosa, Nzega, Lilungu, Isanga, Ukonga, Tarime, Utete, Uyui, Ruanda, Mawenzi

7
Brian Slater, A Hand Book on Sentence. Nairobi 1927 pg.39
8
William,D.(1980) Role of Prison in Tanzania. An Historical Perspective. pg12
9
Abel.I (2001) An Evaluation of the Institution Set-up and Work Procedure of the Prison.LLB Reasearch
paper UDSM pg2
10
William,D.(1980) Role of Prison in Tanzania. An Historical Perspective pg27-37
3
and Butimba. Prison standards under the British regime there where separation of
prisoner according to gender, nationality, age and level of education.11

After Tanganyika attaining independence in 1961, inherited all the system, policy and
objectives of the prisons as they used by the colonialist. The changes started to occur in
1966 as the policy and objective changes by Rashid Kawawa (The Prime Minister of the
United Republic of Tanzania) stated that:

“In this country we are increasing paying more attention to the reeducation of the
prisoner of course we also punish the offender. The more important aim however is to
use the time of his confinement not only to teach him a skill but also to make him a
better citizen”.12

The aim of rehabilitation during the time after independent is illusive, since persons are
mandatory resettlement in villagezation project more and more offenders were sent to
prisons for opposing government policies, the prison institutions were falling from their
self-sustenance goals and becoming an increasing burden to the state. Therefore, the
issue of imprisonment in Tanzania is not a recent phenomenon it is directly linked with
colonialism which was involved in building a lot of prisons.

1.2 Statement of the problem

The aim of imprisonment to be a punishment that would lead to physical discipline and
moral transformation which the rehabilitation of convicts. A convict while being
punished by imprisonment should be rehabilitated into society and that punishment will
make reform of the convict to rediscover his mistakes and apply a new non-criminal
altitude while in the prison face an instance similar to that which lead to the commission
of the offence which he was convicted.

The aim of imprisonment no one is ever proving whether rehabilitation is one among the
purpose of punishment of imprisonment. Then, no specific class of offender or prisoner
which are termed for being easily rehabilitated. Hence they failed to know how effective
the way of imprisonment is the rehabilitative measure. Despite its existence yet its
11
ibid
12
Natalia.P.Kimaro, Problem of Sentencing in Tanzania LLM Dissertation faculty of law UDSM,1990 Pg15
4
objectives have not been fully realized and most prisons remained overcrowded while
crime rates increased. This situation has adverse impact to offenders and the entire
nation at large.

1.3 Objectives of the study

1.3.1 General Objective
The general objective of study on assess the role of prison as a reformative measure to
the prisoner.

1.3.2 Specific Objectives

i. To find out how the law on imprisonment help in reformation of the prisoners.
ii. To find out the weakness on the law and in practice in reformation of prisoners in
Tanzania.
iii. To find out what should be done to improve the reformation of prisoners.

1.4 Research Questions

i. Whether imprisonment serves the purposes it intended to do that is reformative
measure and helps to reduce crime rate in the society.
ii. What strategies should be adopted to improve the reforms of the offenders.
iii. Whether the environment created in prison contributes to non- rehabilitation of
convicts.

1.5 Research methodology

The mini- dissertation employed both doctrinal research and field research which aiming
at finding out and analyzing whether the different law in rehabilitation of prisoner has
tried much on solving the problem in Tanzania particularly in Kilimanjaro Regional. In
doctrinal and field research both involve study of primary and secondary data which
were collected.

1.5.1 Doctrinal research

This include general readings on the subject included previous researches related to the
study topic and literature review by focusing on the relevant statutes, books, journals,
case laws, speeches, newspapers and reports from the media.

5
1.5.2 Field research
1.5.2.1 Interview
This research technique involves conducting intensive individual interview with a small
number of respondent to explore their perspective on a particular idea or situation. For
example, ordinary people, legal officers, ex-convicts and leaders in the society. Also, the
choose of the interview method based on the usefulness for getting story behind a
respondent experiences and give the chance to researcher to deeper into a given situation
and its more comfortable and flexibility in control of the environment.

1.5.2.2 Questionnaire
Structured of different question base on collect data from respondent like law
enforcement official’s magistrates and advocates together with individual and prisoner.
Structured questionnaire covers large number of respondents in short time and also it is
simple to analysis.

1.6 Scope of the Studies

The study dealt with the evaluation of imprisonment as rehabilitative measure within
Kilimanjaro region the min-dissertation examine and detect the legal problems or legal
challenges facing rehabilitation of prisoners in Tanzania particular within Kilimanjaro
region.

1.7 Significance of The Research

Imprisonment as the rehabilitative measure works toward prevention of subsequent
commission of crime through reform of convicts. Rehabilitation stresses the treatment of
individual prisoner and reshaping him into a law abiding the citizen. Rehabilitation has
drawn on a humanistic tradition that has placed for the individualization of justice and
demanded treatment for criminals. In this view crime are assembles a disease something
following and abnormal to most people. The objective of the reformation is therefore to
rehabilitate the prisoner so that he can go treat to the society and serve as the useful
citizen. The general believe usually is that by training convict in various skill, they will
be useful to the society after serving prison term, and that this will reduce chances of
commit further crimes. The notion of prison as a place where personal reform can be
6
engineered and encouraged is also attractive to those public spirited men and women
who work in prisons and wish to do more professionally than merely deprive prisoners
of their liberty.

Therefore, this dissertation intended to be used by the respondent to make sure that the
information provided will help to ratify the problems facing imprisonment as measure to
reform offenders.

7
 CHAPTER TWO

LITERATURE REVIEW
2.0 Introduction
The previous chapter provide justification and an introductory part of this study. This
chapter presents findings of literature reviewed. It discusses the role of prison as a
reformative measure to the prisoner. The influenced factors which lead imprisonment or
prisons to fail to fulfil their aim of reform prisoners. Also looking on how imprisonment
and system of prisons are defined global, regional and national overview. The gap in
literature that the study intends to fill is also presented.

Although, different people and authors have suggested views on the system of prisons,
but their studies do not provide some basic details on the problem facing convicts, ex-
convicts and non-convicts facing while imprisoned which lead non reform of prisoners.
Therefore, this study accesses those problems so as to give the answer.

2.1 Critical Review of Literature

Many scholars have written much on the importance of rehabilitative measure in
Tanzania but with less discussion on the problem facing convicts, ex-convicts and non-
convicts. However, there is a death of literature on addressing a legal basis of problem
facing reform of offenders. Apparently, it is only a few people who invest to write on the
subject in Tanzania and address the legal basis of different problem. As pointed out
above not many scholars have made an attempt to examine the legal basis for the
evaluation of imprisonment as rehabilitative measure in Tanzania.

In attempt to examine the problem arising from the purpose of imprisonment as a

punishment which saves both convict and the society, several author and other
prominent writers have given out their views;

Brian Slattery in his book “A Hand Book on Sentence” 13

traces the history of
punishment by state that punishment for criminal offences is general view as saving one
13
Brian Slater, A Hand Book on Sentence. Nairobi 1927 pg. 28
8
or more of three purposes. Deterrence both of criminal and of the society at large, the
rehabilitation of the criminal and to a less extent and as a last resort the isolation of the
hardened or dangerous criminal from the society. The writer is specific as whether
imprisonment serve its purpose. The writer rent on by stating “although rehabilitation
has been accepted as one of the main purpose of punished, until now no one knows just
how it can have affected. However, though it undoubtedly true to say that the crime or at
least certain crimes would increase. where they were not punished the exact
relationship between the crime rate and the severity of punishment is steal very
mysterious” The explanation above indicates that the writer is un sure as whether
punishment including imprisonment serving the purpose intended. The gap which
intended to be filled by this mini-dissertation is to look the reason behind which made
prison to fail to fulfill its main purpose of rehabilitation.

Also John Farral in his book “Introduction to Legal a Method” 14was of the view that;
“the existence of penal prohibition enforcement agencies has insufficiency to inhibit law
breakers”. Under this the writer aims at stressing out that the penal system which
include imprisonment as not being very successful in checking out the increase in crime.
The gap which intended to be filled by this mini-dissertation is to check why the same
situation is resemble in Tanzania and to find the solution to improve reformation of
prisoners.

Evaluation of imprisonment as reformative measure has also been discussed by Charles

in “Administration of Justice in Tanzania” 15where he observes that the criminal justice
in Tanzania does not seen to achieve its major purpose of making people law abiding.
This remark implies that although imprisonment and other punishment are within as for
quite a lion time now, steal it has not achieved it is goal that is deterring the public from
committing crime and also reform convicts. The gap which intended to be filled by this

14
John Ferrar, Introduction to Legal Method, London: Sweet and Maxwell, 1977 pg. 164
15
Peter C, M. The Role of Punishment in the Administration of Criminal Justice in Tanzania. LLB
Research Paper. Faculty of Law. UDSM, 2O16.pg.1

9
mini-dissertation is to look the reason behind which made prison to fail to fulfill its main
purpose of rehabilitation of convicts.

Farther F.V. Nkwera in his book “Maana na Lengo la Adhabu ya Kifungo” came with an
idea that when one been imprisoned, the convict comes into contract with hardened or
habitual criminals and get influenced by them and as a result get corrupted and become
hardened criminal himself.16 This provide the picture that in staid of prison,
rehabilitating the convict as envisaged, it turns him the hardener one, although there is
no any proof provided by writer. It is gap is seen in Tanzania where prison sentence only
make prisoner to hate the society even harder and usually succeed in turn into a chronic
habitual criminal.

Cincinnati, Ohio cited in his book “The Aims of Imprisonment” that; “the imprisonment
is pointless pain the supreme aim of prison discipline is the reformation of criminals,
not the infliction of vindictive suffering… the prisoner’s self-respect should be cultivated
to the utmost…. there is no greater mistake in the whole compass of penal discipline,
than its studied imposition of degradation as part of punishment. Such imposition
destroys every better impulse and aspiration. It crushes the weak, irritates and
indisposes all to submission and reform. The state has not discharged its whole duty to
the criminal when it has punished him, nor even when it has reformed him. Having
raised him up, it has the further duty to holding him up” 17 . the author state a thing by
looking on the situation of prisons and prisoners in Europe while, this mini-dissertation
it main focus to Tanzania.

Zanden J.W.V while writing on the purpose of imprisonment in his book “Social
Experience”18 was of the view that; “Experts themselves are unsure of the most effective
methods for dealing with reason population” the writer went farther and provided four
purposes of imprisonment and looked on the useful of imprisonment in rehabilitant the
convicts and restores into him the sense of moral order”. The explanation above

16
Father Nkwera(1967) Maana na Lengo la Adhabu ya Kifungo ; Peramiho. Pg. 6
17
Cincinnati, Ohio (1970) The Aims of Imprisonment. Pg. 541-547
18
Zanden. J.W.V, Social Experience. New York. 1988 pg. 214
10
indicates that the writer is un sure as whether punishment including imprisonment
serving the purpose intended.

Gillen is another who provide the role of the imprisonment plays. While writing his
book “Taming the Criminal” 19
remarked that this is the moment of stupidity we are
building in our institutions. You went farther by stating that the inmate stupidity we are
building in our institutions. He wants farther by stating that the stupidity is not so much
a of free citizens. What mockery of science are prisons the good and the bad together in
one line. The arguments by several authors are not final and conclusive as they do not
give a conclusive answer to the question concerned. In this min-dissertation it aimed at
finding the conclusion of the real outcome of imprisonment to convict.

2.2 Legal Framework on Imprisonment as Rehabilitative Measure to Prisoners.

Imprisonment as the rehabilitative measure to prisoners is governing by various law
include international law, Regional law and Local law as follow,

2.2.1 International Law Governing on Imprisonment as Rehabilitative Measure.

This are the laws which governed imprisonment as the rehabilitative measure to
prisoners is governing by various international law as explained below.

2.2.1.1 The United Nation Universal Declaration of Human Right 20

Under Article 5 states that: “No one shall subject to torture or cruel in human or
degrading treatment or punishment”. This provision provide for any punishment should
not go against any human right, if it is cruel, inhuman and degrading it does not
rehabilitate the offenders.

2.2.1.2 The United Nations Standard Minimum Rules for the Treatment of
Prisoners21
The standard set out by UN are not legally binding but offer guidelines in international
and municipal law with respect to any person held in any form of custody by provide
good principles and practice in treatment of prisoners and prison management. Rules

19
Z. Gillen,1931. Pg 65.
20
1948
21
1955
11
covers the general management of prisons, and how rules are applicable to prisoners
such as prisoner files management, separation of categories of prisoners,
accommodation of prisoners, prisoners’ personal hygiene, basic needs, instruments of
restraint and prisoners’ punishments discipline and restrictions.

2.2.2 Local Laws governing on Imprisonment as Rehabilitative Measure in

Tanzania
These are laws which governing imprisonment as Rehabilitative Measure in Tanzania.

2.2.2.1 The Constitution of United Republic of Tanzania of 1977

Under Article 15(2) of the constitution as reads,

“(2) For the purposes of protecting human rights to personal freedom, no person shall
be subject to arrest, restriction, detention, exile or deprivation of his liberty in any other
manner save in the following cases: -

(a)in certain circumstance, and subject to a procedure prescribed by law or

(b)in execution of the sentence or order of court in respect of criminal offence in which
has been convicted or upon reasonable suspicion of his having committed a criminal
offence.”

Parliament is empowered to take away personal freedom of an individual only by using

law which is fair, and reasonable and not arbitrary. It means that law on criminal
procedure and evidence should be fair and reasonable. Also in Article 67(2)(d) 22.
Disqualifies ex-prisoner for contesting in general election, it states that; “a person shall
not be qualified to be elected or appointed member of parliament within period of five
years’ proceedings the date of general election such person has been convicted and
sentenced to imprisonment for any offence involving dishonest or for contravening
ethics of public elders”. This discriminate ex-convicts and does not rehabilitate and
eventually reform an offender.

22
The Constitution of United Republic of Tanzania of 1977.
12
2.2.2.2 The Prisons Act23
The Prison Act no 34 of 1967 enacted following this enactment a new rehabilitative
philosophy approach was adopted embracing human treatment of offender. This
legislation embodied the spirit of international basic human right instruments.

Section 61 emphasis is laid on training of prisoners so that when prisoner is released he

become a good citizen, usefully and self-employed. Now thirty (30) years imprisonment
is self-defeating because that period is almost the life-expectancy of a Tanzanian and so
the rehabilitation policy is not in place.

2.2.3 Case Laws on the rehabilitation of offenders.

In the case of D.P.P Vs Daudi Pete24 which had cited the Indian Case of Maneka
Gandhi Vs. Union of India25 which decided that a sentence of thirty (30) years
imprisonment is patently excessive and does not rehabilitate and eventually reform an
offender.

2.3 Conclusion
There is a gap between the researcher work and other writing which based on explain
imprisonment as Rehabilitative Measure in Tanzania in different things but majority
argue on how imprisonment and prisons does not fulfill it is function of reform the
prisoners. This research will focus on the reason behind that defect and solution.

23
NO 34 of 1967.
24
Crime Appeal No.28 of 1990.
25
(1978) 1 S.C.C 248.
13
 CHAPTER THREE

DATA PRESENTATION AND ANALYSIS

3.0 Introduction
This chapter analyses and examine the evaluation of imprisonment as the rehabilitative
measure in Tanzania. Using data collected in the field and library research, the study
being in Kilimanjaro Region specify at Lukaranga Prison. The data are the result of the
response to interviews that conducted and questionnaire distributed to a number of
people. Both interview and questionnaire covered several major area including
experience, prior to sentencing, past criminal and penal experience. It covers also on
perception and experience of the system of punishment and relationship with uniformed
staff. In order to know as to prison can be used as the rehabilitative measure to those
who being imprisoned, it is important to look on the following data collected in
Kilimanjaro as the case study.

3.1 Crime Rate

Crime rate is the frequency of occurrence of crime. It is a measurement of how fast or
how many times something happens in relation to something else. 26 While the rate of the
country is increasing the situation is resemble in Kilimanjaro Region. The increasing in
deed leaves doughty as to the effect long and stiff sentences acting as deterrence.
Therefore, there is a need for a prisons to save its importance as a rehabilitative measure.
The crime rate is recorded as follows;

3.1.1 Crime Rate as from The District Crime Office

Data available at the district crime office have not categorized in different types of
crime. the table below show the total number of crime committed in each year the data
are represented as follows

26
Oxford Advance Dictionary 5th Edition. Pg 173
14
Table No 1. Crime Cases Reported at The District Crime Office: 2015-2020.

YEAR 2015 2016 2017 2018 2019 2020

Total
number of 11 020 11 143 11 548 11 409 12 149 11 973
cases
reported
Source: District Crime Office: - Moshi District

From the table shown above the number of cases increases from year 2015 to year 2020.
The office also recorded 20 cases yearly as cases created by themselves to mean they
starts from district crime office. For example, the cases involving Marijuana and other
drugs their statics for each year concern about those which were not available.

3.1.2 Crime Rate in Kilimanjaro Region

Crime rate in Kilimanjaro Region all cases are reported at the Region crime office The
data are presented as follows:

Table 2. Criminal Cases Reported at The Regional Crime Office.

YEAR 2015 2016 2017 2018 2019 2020

Total
number of 25 999 29 722 27 155 28 668 21 544 26 897
cases
reported
Source from Regional Crime Rate Office: Kilimanjaro.

From the table above there is increasing of crime rate from 2015 to 2020 although there
is a severe punishment including imprisonment. Although there was the decrease of
crime rate in 2019 but other years the rate increased.

15
Table 3. Criminal Cases as Registered in The Regional Crime Office.

Types Of
Registered 2015 2016 2017 2018 2019
Offences
Theft 1215 982 1005 920 1043
Murder 354 293 303 269 235
Rape 379 362 456 497 505
House
Breaking 296 269 332 321 285
Robbery 17 05 12 O9 11
Cattle Theft
996 232 241 336 403
Total 2042 2143 2349 2352 2482
Source from Regional Crime Rate Office: Kilimanjaro.

3.2 Prisoner Rate of the Nation

The table below shows the total number of crime prisoner in Tanzania in each year the
data are presented as follows

Table 4. Prisoners Population Rate from the year 2015 to 2020.

YEAR 2015 2016 2017 2018 2019 2020

Total 32 315 38 353 33 517 29 552 35803 41613
number of
prisoners
Source from Tanzania Prisons Services

The above tables mentioned statistics of the prisoners and crime rate at district level,
regional and national in general, they show no any remarkable sign of imprisonment
which aim to deterring the public from committing crime.

16
Therefore, people in the society are required to find other means which will be effective
in reducing the crime rate as stated by John Samaha that:

“the effective of criminal justice policies and practices, is often gauged by the extent to
which offenders, after the imposition of punishment continue to engage in crime27

3.3 Evaluation of Imprisonment as the Rehabilitative Measure

It has been stated that the birth of modern reason was part of a much broader movement
in which institution of various kind came to be adopted as the solution to wide range of
social problems.28 This part analyses the valuation of imprisonment as a solution the
wide range of social problems as envisaged, basically being the rehabilitation of convict.

This part provides the data collected from the interview conducted by the researcher as
well as questionnaire prepared by the research. The data collected come from two
categories who responded to the research and these are former prisoner or ex-convict
and other who are non-convict to mean they have never been convicted. The response
result as follows

3.3.1 Evaluation from Ex-Convict’s View

In collecting data almost ten ex-convict were interviewed and responded to the
questionnaire provided. The results were as on the table below

Table 5. Evaluation of imprisonment as from ex-convict view

Rehabilitatio Non Neutral Total

n rehabilitation
Number of ex – 4 6 - 10
convicts
Percentage 40% 60% - 100%
Source: Design by the researcher.

As far as this finding are concerned, it is therefore seen that by and large, prison does not
help to rehabilitate a convicts.

27
Joel Samaha. Criminal Justice; USA 1995 Pg. 526
28
Cavadino The Penal System, Center for Criminology, Sheffield. 1992 pg. 114
17
There are some cases example is seen from two ex-convict, the first one (one who want
his identity to be confidential) stated that “the prison change me totally from theft to
armed robbery due to meet various prisoner who have that habit”. The second ex-
convict (one who want his identity to be confidential) stated the following “while I was
in prison, I learnt various laws and how to plays with laws to escape from liability. So
for now onward after done a certain act which is offence I used to remove all evidence,
made my hand clean from crimes”

There are some cases example is seen from Mr. Frank Malisa who was convicted of
theft in 2016 and sentenced for three years’ imprisonment. While in prison he was
punished severely and did hard works which after his realized, he never wants to what
the imprisonment is:

“while I was in jail I found out that it was not a nice to go there as your suffering
severely although I have learnt a lot of things such as how to depend myself, but I have
to escape from all the criminal habits and acquired when considered a situation in
prison”

Having himself rehabilitated from the imprisonment he has stopped all the criminal act
and now is the business man work at Kiboriloni market within Moshi Urban. The other
ex-convict who successful restored is Mr. Mrisho living at Pasua within Moshi District
was convicted for armed robbery and sentenced for seven years’ imprisonment at
Lukaranga within Kilimanjaro regional, during his period of conviction, although is
fellow prisoners, learnt how to make shoes, the job which is growing up to this moment.

While interview on him, he was of the view that:

“although I was taken jail after commit a crime still I sent to imprison as learnt a lot of
things and that is been eye opener and a gateway to many interesting things. The job
which I Am doing now I learnt the jail is my succession way into my life”

From this explanation, imprisonment has done wonders to Mr. Frank and Mr. Mrisho as
it has rehabilitee them and their freedom from the criminal habits they suffered.

18
3.3.2 Evaluation from Non-Convicts View
The group of non-convicts includes lawyers, politician, civil servant and prominent
person in the society. From each group almost 20 people were interviewed as well as
respond to the questionnaires prepared.

Table no 6: Evaluation of imprisonment from non-convict’s view

Rehabilitation Non Neutral Total

Rehabilitation
Number Of
Non- Convicts 7 10 3 20
PERCENTAGE 35% 50% 15% 100%
Source: Designed by researcher

From non-convict’s respondent it shows that imprisonment do not rehabilitate the

convicts although they have not in prison and having no experience with prison life, but
they have managed to come across with the ex-prisoners or prisoners.

Although according to research done shows that most of the people interviewed disagree
with the statement that imprisonment is the rehabilitative measure to convicts. The
remained problem is to find what weaker the rehabilitative function of prison as will be
pointed out by those who hold that imprisonment, helps to rehabilitates the convicts.

3.4 Factor Affecting Rehabilitation of Convicts

Both the ex-convicts and non-convicts responded to the questionnaires and interviews,
pointed out the basic factors which weaken the successful rehabilitation to the convicts.

3.4.1 Factor affecting rehabilitation as from ex-convict’s views

Un justification works.

All ex-convicts have of the view that work in prison are not justified and not
formulated. Most of the prisoners spend their days at work, and a little time is devoted to
reformation.

19
Most of the work have been provided could be by no stretch of imagination to be called
either constructive or purposive. Much of works is dull, respective and de-meaning. It is
far from equipping prisoners with useful skills which might improve their prospect for
employment after been released. It seems only to reflect the norm, either that approve of
hard labor as an instrument of punishment in its own right or routine. Instead of work
which have benefit to prisoners, it is for the benefit of institution. Reflecting the
statement provide by Father Nkwera in his book that

“prison are engaged mostly in production rather than rehabilitation which are supposed
to be its paramount function”29

Extreme long sentences.

The most ex-convicts argued that most of sentence are too long hence to lose it meaning
of rehabilitation. They observed that a considerable number of long term prisoners
research a recognizable peak in their training at which they may respond to generous
treatment. But after which if kept in prison they go down ill.

It also said that, those people who engaged in robbery and burglary typical retired from
those carries fairy in life, the out in long sentences might then be a waste of prison
capacity.30 They father argued that, long imprisonment does not help much in
rehabilitative process. Long prison sentence only make prisoner to hate the society even
harder and usually succeed in turn into a chronic habitual criminal. Kimaro has this to
observe in his book which reflect the situation;

“ there is a gap between official pronouncement and actual practice so far as the
reformation theory is concerned” 31

They continue to argue that there is the long imprisonment continue to destruct the
reformation of prisoners, by quote says of Brian Slattery that: “in prison he makes
undesirable friend and against the knowledge he will be better without”.32

29
Father Nkwera(1967) Maana na Lengo la Adhabu ya Kifungo ; Peramiho. Pg24
30
Zanden. J.W.V, Social Experience. New York. 1988 pg 215
31
Natalia.P.Kimaro, Problem of Sentencing in Tanzania LLM Dissertation faculty of law UDSM,1990 Pg3
32
Brian Slater, A Hand Book on Sentence. Nairobi 1927 pg. 25.
20
Prison Staff

Almost all the ex-convict argues that most of prisoner’s staff are unreasonably harsh and
tough to convicts. They are not seen as the people to help. They prefer the use of abusive
language. Most of prisoner staff are unfair and do not observe prisoners Fundamental
right and procedure as laid down by The United Nation Standard Minimum Rules of
Treatment of Prisoners of 1955 to which Tanzania is the signatory. It provides that, basic
fundamental right of the prisoners must be protected and observed.

Prisoner Fundamental right are also protected under the 1948 United Nation Universal
Declaration of Human Right, Article 5 states that:

“No one shall subject to torture or cruel in human or degrading treatment or

punishment”

Ex-convicts argue there is no such law in this country which provides for the protection
of legitimate right of prisoners. But as observed by Isaac Abel that:

“in Tanzania, recent report on treatment of prisoners and their condition in custody
have been horrifying. They have been reported that there is poor relationship between
prisoners and their respective prisoner and their prisoner officers, which subject the
former into inhuman treatment by the latter”.33

Indeed, in order to facilitate the rehabilitation of convict’s staff member are supposed to
behave in an exemplary manner towards prisoners which is supposed to be model for
prisoners to follow.

Prison Condition

This is another area where all ex-convict communicates on regarding the condition
within prisons as morally intolerable to civilized society like ours. They observe that is
remarkable poor condition of food, bedding uniforms, medical care and health facilities

33
Abel.I (2001) An Evaluation of the Institution Set-up and Work Procedure of the Prison.LLB Reasearch
paper UDSM pg.37
21
especially latrines. The ex-convicts to argue that it is distinguish that they call
“technological” prisoners still use basket for pissing and collection of human excretion
at night. In deed this condition is not dehumanize, but it is also interference with
fundamental rights of prisoners and contrary to the law which regulates this such as the
prison (prison management) regulation of 198734. This bad or poor condition of prisons
has also being observed in Onel Malisa and John Minja in their article in which they
observe that : “the prison conditions are characterized by over crowdness with its
associated problem of over stretching available resources, poor sanitation and hygiene
including lack of proper bedding and clothing, poor verification and inadequate lighting
system, poor and inadequate food and drinks”35

The ex-prisoner believes that this breach and interference with their fundamental rights
is mostly founded on the believe enriched in the public that prisoner belong to a group
which has right legitimate curtailed as the consequences of commission of crime.

Heed William observe that “when members of the general public are asked about the
place of prisons in tackling crime they tend think in the present tense and to stress the
function of retribution, deterrence and prevention. This altitude is caricatured in the
expression lock them up and throw away the key”36.

As if that is not enough they continue there is the issue of “Nyampara” or prison
supervisor. This is another fore middle obstacle to the smooth running of the
rehabilitative role of prison. This Nyampara they insist are like semi gods they rule the
way they like; the way they terrorize their fellow convicts. Always tormenting the
convicts and subjecting them to untold suffering. Bad enough they practice this inhuman
practice right before the prison officials. It is the wonder the ex-convict call for abolition
of this system and remove the present derogate rule 28 (1) of The United National
Standard Minimum Rules for The Treatment of Prisoners 2015 which states that “no
prisoner shall be employed in the service of the institution in any disciplinary capacity”.

34
Government Notice No 60 of 1997
35
Onel E Malisa and John Minja. Prison inmates and their basic rights in Tanzania DSM. 1998 Pg. 177
36
Mitchael J. and Mortimer, J;(1933) Criminal Law and Social sciences. New York pg189
22
Unjustified convictions

Half seven of ex-convict observed with bitterness the correct practice of law
enforcement official i.e. policemen and magistrate. They argue that corrupt is so enrich
in our judicial system that is not find innocent people imprisoned and leaving the
criminal scot free, they argue that people convict who are victims of this corrupt acts
seldom reform usually they get out of prison bitter hatefully and successfully of the
system and the society in general. They propose that courts should care for the sake of
rehabilitation and fairness be lenient to first law breakers while showing little sympathy
to recidivist.

Lack of vocational training

The ex-convicts observed with the dislike absence of vocational in most of the prison.
They argued that most of what the prisoner does imprison as very little to do with
providing skills and in fact pays lip service training them. Without skills they argue the
convict upon release as the higher probability of re engaging in crime as he cannot be re-
employed or re employ himself, as Dubash confirm that: “economic condition lead to
the majority of crimes”

Lack of employment opportunity

The ex-convict narrated that the trending now is that they are seldom considered when it
comes to employment and those who are employed lose their jobs upon conviction.
They give an example of the Security of Employment Act 37 as one of all these, the
second schedule of this law provides for the summary dismissal of un imprisoned
employee. They observed that un employment before and after imprisonment is quite a
good catalyst to reoffending for as seen above economic condition is a major causes of
crime.

Humiliation to ex-convict

All the ex-convict expressed in one way or another that the public humiliated them after
their release. They argued that they are not given respect they deserve, they denied full
37
NO 62 OF 1964
23
social acceptance and other people see them as unusual people who are tainted and so
discredited. In deed they continue to crime. “even their families are subjected to stores,
embracement, silence, rude, comments and disrespectful questions”. All these have
considered as psychological effects and make them harder for obtain or get job to set up
their lives. They define themselves by arguing that “we all engage in deviant behavior
by violating some norms” that their conviction does not make more criminal than the
rest. They therefore need respect.38 The humiliation of ex-convict is so enriched in our
society that it has found its way even in constitution the fundamental of the land, article
67(2)(d)39. Disqualifies ex-prisoner for contesting in general election, it states that;

“a person shall not be qualified to be elected or appointed member of parliament within

period of five years’ proceedings the date of general election such person has been
convicted and sentenced to imprisonment for any offence involving dishonest or for
contravening ethics of public elders”

The ex-convict further argued that it is due to the humiliation attached to them that has
led to the public rarely volunteering to give assistance to both prisoner and ex-prisoners.

Defending the argument, they are set during the colonial times prisoners were taking
care by prison aid societies which was financed by the colonial state and other charitable
organization the duty of this aid societies value was provided for travelling to home
some necessary and subsistence allowance the operation of this society seems to have
disappeared after the independence. They also assets that section 66 of the Prison Act 40
provide for the provision of the gratitude’ it states as follows “prisoners may be paid
gratuities by the government in accordance with prescribes rates” But it is an open secret
that gratitude’s are no longer provided. In deed gratitude’s were an important financial
source to prisoners and played a formidable role in averting reoffending. It is high time
they concluded the society put into practice observation and recommendation of the
Tanzania Episcopal Conference that:

38
Cavadino The Penal System, Center for Criminology, Sheffield. 1992 pg.115
39
The Constitution of United Republic of Tanzania of 1977.
40
Cap 34 of 1967
24
“concerned efforts by the society should be geared in establishing Non-Government
Organization aimed at giving assistance to prisoners and ex-prisoners so as to enable
them to become self-reliant”41.

3.5 Factors affecting rehabilitation as from non-convict’s view

The non-convict expressed the following factor as being the basic factor which affect the
rehabilitation of prisoners and the rehabilitate role of prison. Some of the factors are the
same as those expressed by the ex-convict but in additional they noted the following

Separation of prisoners

Through its importance that prisons be a community of prisoners for catering for a
variety of prisoner it is important for easy rehabilitation that there be practiced some
form of separation of prisoners. Non convict argued that now days to find different types
of prisoners in the same prison that is the young and adult, first offender and the habitual
serving short sentence and those serving long one. Rehabilitation efforts as one of the
righter observe “it is easy to see the difficult which confront attempts at rehabilitation
within the prison. The prisoner spends most of the time not with the rehabilitation staff
but within other criminals and in a climate which is hostile to the staff and their
objectives.”42

They observed with regret the current trend where it is common to find juvenile either
waiting for trial or serving prison sentence in adult prison and sometimes being hold in
the same cell with adults. The offender who are under sixteen years are to be kept in
remand homes, if upon being charged with criminal offence fail to secure bail.

3.6 Conclusion
In this chapter I have tried to analyze a process different data so far as collected during
the research. The research finding have shown that despite the fact that imprisonment is
applied as a mean of punishment for quite a long time, now still crimes are increasing.
The research has also revealed that through the government policy on prison has to make

41
Tume ya haki na Amani TEC Haki za wafungwa na hali ya magereza Tanzania Bara 2010 page 49
42
Howard Jones “social devians” in sociology (edited) by professor G Mitchel Routledge, London 1970 pg
157
25
prison the palaces to reform convict and made them good citizen, it has not been
successful. This is due to a multiple of problem which weaker the whole concept of
rehabilitation of convict. Thus arises a need to solve if not eliminate them.

26
 CHAPTER FOUR

CONCLUSION AND RECOMMENDATIONS

4.0 Introduction
In every research the researcher intends to explore something which found to be a
problem in the society. Researcher uses different methods in collection of data, in this
chapter, researcher makes summary of the whole work. This chapter includes conclusion
and recommendation. The recommendation and conclusion based on the findings of data
from respondents and books

4.1 Conclusion
As it has been seen in the previous chapters of this mini dissertation, the problem of
prison fails to perform its role of rehabilitate prisoner. The study has shown that few
expectation imprisonment helps to deal with rehabilitation of prisoners. It has shown that
over 40% percentage of convict get reformed and never committed crime again. In deed
this is not a mean achievement. Nobb, J cautioned that;

“of the people who are not reconvicted we can never know whether this is because the
penal system has been successful in reforming them, or because they have died. Or may
still be involved in breaking the law, but because of their time spent in prison, now know
how not to get caught”43 apart from the writer caution imprisonment has been shown a
quite remarkable success in rehabilitating convicts in Tanzania thus the need to continue
it. While conducting a research the study has shown that there is a need for the state,
Non-Governmental Organization and the public at large to assist ex-convicts with loans
equipment and subsistence allowances which will enable them to shift away the chronic
character of prison.

Also the research has discovered that there is uncalled for lack of vocational training in
our imprisonment which needs an agent solution. The situation of former prisoner to be
humiliated after their release to mean that other people they are denied them full social
acceptance while others are seeming to be unusual people who are tainted and so
discredited.
43
J,Nobbs, B Hirie and M Fleming. Sociology second edition, London, 1979, pg 327
27
With regard to imprisonment it has been shown that an official level, imprisonment is
justified as reformative where there is remarkable gap between pronouncement and
actual practice. In order to control imprisonment which is one way or another acted as
rehabilitative measure, the study reveal out problem and factor which contribute to both
impediments and dilution of the government policy on rehabilitation of prisoners in
Tanzania. It has come up with the recommendation to eliminate and improve the
situation. The recommendations are stipulated in the next section.

4.2 Recommendations and Policy Implication

It is not disputed that imprisonment is used as a rehabilitative measure in Kilimanjaro
and the whole country in general. The official policy of the government of Tanzania on
prison convicts remain to be reformation of the convicts. The government therefore,
considers rehabilitation as a top priority as stated under section 61 of Prison Act 44 where
by emphasis is put on training of prisoners. Government has put into practice on the
International Covenant on Civil and Political Right 1966, which stated that in article
10(3):

“the penitentiary system shall be comprising treatment of prisoners, the essential aim of
which shall be there reformation and social rehabilitation”

In order for the prison to play it role of rehabilitate and prisoner to be rehabilitated the
government of Tanzania is recommended to address and working on the following: -

4.2.1 Training
It is recommended that prisons should be given priority in training, especial vocational
training where it already established for development. As stated Oneli Malisa and J,
Minja that; “prisoners should not treated like outcasts: we should strive to assist them
to change their criminal behavior through train so that they may be reformed and
rehabilitation socially.”45

The training of prisoner must go hand in hand with the train of prison officials in
different skill which they will input to prisoners. Also where there is no prison staff
44
Cap 34 of 1967
45
Onel E Malisa and John Minja. Prison inmates and their basic rights in Tanzania DSM. 1998 Pg.39
28
training in the discipline, they must introduce specialist for example probation officers,
educational workers, entrepreneurs and psychologist for the purpose of treating
prisoners.

4.2.2 Observation of Fundamental Human Rights

From this point it is recommended that Prison Act must be amend and repealed so as to
remove all section which interfere and cause violation of prisoner’s fundamental human
rights. For example, section 92 prohibits the giving of information on prison. This
section makes a disclosure of injustices which inevitably occurs inside the prison, not
only difficulty to get but prohibited.

They secrecy surrounding prison in indeed a good source for the breach of prisoner
fundamental rights Cavadino observed that;

“Therefore is a notorious secrecy that surrounds prisons what goes inside them, but
from the few information volunteered by former inmates prove that there is a great
breach of human right”46

Cavadino’s remark are supported by Isaac Abel in his book by stating that: “The
administration of prisons in Tanzania defeats not only rehabilitation policy but also
violation of principles of human rights”

Also it is recommended for other law for example our mother law The constitution
which provide humiliation to ex-convicts under Article 67(2) must be amended if not
repealed so to make ex-convicts to observe there right and freedom. After all ex-convicts
must recognize by all government laws and policy to be a reformed person who must be
accepted by the society.

4.2.3 Unjustifiable sentences must be abolished

It is recommended that sentences must be justified so as to be meaningful and
reformative. By call on prevail on Relevant authorities to urgently reviews cases of those
in pretrial detention, including individuals detained on non bailable offenses and those
whose cases are still in investigation stage. Further the authorities should refrain from

46
Cavadino The Penal System, Center for Criminology, Sheffield. 1992 pg.126
29
custodial arrests for low level offenses that do not involve the infliction or threat of
infliction of serious bodily injury, sexual assault or a known like hood of physical harm.
Severity of punishment should not exceed the gravity of the crime and the degree of the
offender moral culpability. In general imprisonment should not be imposed to a first
offender except where the offence particularly grave, aggravated or is wide spread on
the area.

4.2.4 Separation of Prisoners

Government should put emphasis into practice its policy on the separation of prisoners
as stated under section 29 of the Prison Act47 which provide that;

“Every prisoner sentenced and admitted shall be classified by the officer charge in
manner prescribed” It also recommended that government should add more prisons for
juvenile currently there too few prisons for juvenile.

4.2.5 Improvement of Prisoner conditions

This may be done by reducing overcrowding of our prisons through implementation of
section 49(1) of the Prison Act which provides for “remission” of part of convicted
prisoner.

Also, I recommend that Tanzania implement alternative measures, such as video

conferencing, allow increased phone calls with family and legal representatives, and
permit email and communication for the purpose of prisoners not feel isolated and
remain part of society for easy rehabilitation.

Therefore, respectfully urge that relevant stakeholders, including the Honorable Minister
of Health, the commissioner General of Prisons, the Honorable Chief Justice, the
Director of Public Prosecutions, the Inspector General of Prisons, The Tanganyika Law
Society and other civil society organizations, to put in place a comprehensive COVID
plan of action to decongest Tanzania’s prisons. These bodies should agree on a plan to
do this, which should be shared with all involved, including prison staff, inmates, and
the general public, to minimize unnecessary fear and anxiety.

47
Cap 34 of 1967.
30
 BIBLIOGRAPHY
BOOKS
A.A.F Massawe. Notes on Capital Punishment E.A.L.J (1974)
Afanasyev. V.G; Marxist Philosophy. Moscow. Progress Publishers, 1978.
31
Brian Slater, A Hand Book on Sentence. Nairobi, 1927.
Cavadino The Penal System, Center for Criminology, Sheffield, 1992.
Cincinnati, Ohio The Aims of Imprisonment, 1970.
Collingwood, J.J Criminal Law in East and Central Africa. Sweet and Maxwell. Africa
Universities, 1967.
Cotgore S: The Science or Society 4th edition, George Allen and Unwin Publishers Ltd,
1967.
Chipeta B. D The Public Prosecutor and Law of Criminal Procedure. Arusha; East
Africa Publication, 1978.
Dobash, R and Gutridge, S The Imprisonment of Women. Basil: Blackwell, 1989.
Father Nkwera Maana na Lengo la Adhabu ya Kifungo ; Peramiho, 1967.
John Ferrar, Introduction to Legal Method, London: Sweet and Maxwell, 1977.
J,Nobbs, B Hirie and M Fleming. Sociology 2ndedition, London, 1979.
Jones Howard “Social devians in sociology” (edited) by professor G Mitchel Routledge,
London , 1970
Mapunda, B.T Criminal Law and Procedure, Part One, The Open University of
Tanzania, 1996.
Martin .R Personal Freedom and the Law in Tanzania. London . Oxford university
press, 1974.
Malisa O.E and Minja, J.C; Prison inmates and their basic rights in Tanzania. Dar-es-
Salaam.Mkuki na Nyota Publishers, 1998.
Mitchael J. and Mortimer, J; Criminal Law and Social sciences. New York, 1933.
Zenden J.W, The Social Experience. New York. Random House, 1988.

JOURNALS
Gerald, G: The Purpose of Criminal Punishment. 2 modern Review, 1958.
Hawkin, G: Prisoners Rights, New Land Journal of Criminology

32
RESEARCHS
Abel.I An Evaluation of the Institution Set-up and Work Procedure of the Prison. LLB
Research paper UDSM, 2001.
Department in The of Criminal Appeals for Convicted Prisoners, LLB Research Paper.
Faculty of Law. UDSM
Augustine K; The Law and Problems Relating to Child Improvement in Tanzania.
Research Paper. Faculty of Law. UDSM, 2015.
Natalia.P. Kimaro, Problem of Sentencing in Tanzania LLM Dissertation faculty of law
UDSM,1990.
Peter C, M. The Role of Punishment in the Administration of Criminal Justice in
Tanzania. LLB Research Paper. Faculty of Law. UDSM, 2O16.

INTERNET SOURCE
www.stopaca.org/ purposes of prisons. Stop crime. Retrieved on Friday 1 st of January
2021at 09:53am

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