Activists, lawyers file petition against Pinda By Correspondent David 2nd August 2013 Email Print Activists, lawyers file petition against Prime Minister Pinda_Dr Hellen Kijo Bisimba The Legal and Human Rights Centre (LHRC) in collaboration with the Tanganyika Law Society yesterday filed a petition at the High Court to challenge the unconstitutional statement by Prime Minister Mizengo Pinda ordering security organs to apply force against civilians. The petition was filed by LHRC executive director Dr Hellen Kijo Bisimba and the president of Tanganyika Law Society, Francis Stolla. The first respondent is the Prime Minister in the petition, Number 24 of 2013, while the second is the Attorney General. The petition stated that the first respondent made unconstitutional remarks on June 20, this year by ordering the country’s law enforcing organs to beat civilians if they happen to go against given orders. It said that the statements made by the high profile public leaders like the first respondent, are deemed enforceable by law enforcers like police. It is the fear of the petitioners therefore that the security organs might take the statements as a lawful order from their boss when it comes to implementation. According to the LHRC, should the security organs take the order to the letter and spirit, it is likely to be in a form of arbitrary and extrajudicial beating and torture of innocent people, a thing which would be contrary to the Union Constitution. Beside the petitioners being aggrieved by the first respondent’s statement, they also advocate that if such remarks be put into practice, they are likely to degrade human dignity, violate the right to equality before the law, suspend rule of law and promote rule of the jungle. In addition they say it will violate the right to fair hearing, support abuse of power by law enforcers and also go contrary to Article 13 of the Constitution which provides for the right to equality before the law and fair hearing. The petitioners say they are aware of Parliamentary immunity as provided under Article 100 of the Constitution, but aver that the same fundamental law does not protect those who violate it. Briefing reporters soon after filing the petition, LHRC Executive Director Helen Kijo-Bisimba said they have filed the petition against the Premier because they believe that there is no person or institution that is above the law. She said the court is the only organ that is mandated to grant justice in the country. For his part, advocate Harold Sungusia, said LHRC wants the High Court to judge what is important between violation of human rights and parliamentary immunities. The LHRC had until yesterday received at least 2029 votes from members of the public opposing the Premier’s statement, he said. According to him, the centre will set a team of not less than 20 advocates to champion the case when it comes up for hearing. Director of Citizen Parliament Watch Marcussy Albanie said his organisation joins hands with LHRC and TLS on the stage so far reached, adding that the NGO is also working to sue the Premier before the citizens for the statements he made. When answering direct questions from lawmakers in Parliament in June this year Prime Minister Mizengo Pinda said the police should employ some form of force when handling individuals who refuse to comply with the law. Kilwa North MP Murtaza Mangungu who posed the question had wanted to know the measures being taken by the government against people who fail to comply with orders given by the law enforcing organs. Responding, Pinda said political leaders must reach a point where they speak one language aimed at maintaining and promoting peace and harmony. He added: “When you decide to become rebellious and bigheaded or fail to observe and respect the laws of the land, you will be beaten, we (the government) are tired,” he noted. “In the event of chaos in the country, there will be no winner, and those suffering the most will be children and women,” explained the PM. Pinda’s remarks have elicited mixed reaction, with critics saying he was too blunt for a leader of his prominence and adding that one of the government’s core responsibilities was to safeguard the people’s lives and property. They said police were professionals equipped with skills to handle people decently and there was therefore no need for the law-enforcing agents to use extra force against innocent people. The use of tear gas canisters, water cannons and low velocity rubber-coated bullets are some of the accepted methods employed by riot police in handling hostile crowds. Police officers are supposed to use reasonable amount of force but only in handling conflicts and are not allowed to kill or maim unarmed civilians, according to law-enforcement experts. Live ammunition may only be used as a last resort for self-defence, when police are attacked by armed rioters, not against unarmed persons posing no serious threat to them or other people. SOURCE: THE GUARDIAN
Posted on: Sat, 03 Aug 2013 00:39:32 +0000
Trending Topics
Recently Viewed Topics
© 2015