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or a conviction for a criminal offence, and under circumstances and in accordance
with procedures prescribed by law. The Article in question reads as follows "Forthe
purposes of preserving individual freedom and the right to live as a free person, no person
shall be arrested, imprisoned, confined, detained, deported or othennrise be deprived of
his freedom save only:
(a) under circumstances and in accordance with procedures prescribed by law;
or
(b) in the execution of a Judgment, order or a sentence given or passed by the court
following a decision in a legal proceeding or a conviction for a criminal offence".
63.The Court also notes that Section 1a8(5) of Tanzania's Criminal Procedure Act
provides that:
"a Police Officer in charge of a police station, or a court before whom an accused person
is brought
a)
or appears, shall not admit that
person to bail if:
this person is accused of:
(i)
murder, treason, armed robbery or rape".
64.The Court further notes that Section 148(5)(a)(i) is worded in sufficiently clear and
precise terms so as to be understandable and to "enable individuals to adapt their
behavior to the rule"e as required by international standards and jurisprudence.
Accordingly, the Court finds that the restriction on liberty is duly provided by law.
65. However, the Court reiterates that it is not enough for a restriction to be provided
by law; the restriction must have a legitimate aim and the reasons for the restriction
must serve a public or general interest.l0
66. !n the instant case, the restriction on liberty provided under Section 148(5) (aXi) of
the Criminal Procedure Act aims to preserve public security, protect the rights of
others and avoid possible repetition of the offense insofar as this provision covers
cases of armed robbery. The restriction is further justified by the need to ensure
eApplication No. 004/2013. Judgment of 0511212014
, Lohd lssa Konat| v. Burkina Faso (hereinafter
referred to as /ssa Konat1 v. Burkina Faso Judgment. para. 129.
10
/ssa Konat1 v Burkina Faso Judgment. op. cit. para. 131.
16
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