B. Alleged violation of the right to freedom from torture, cruel and inhumane
degrading treatment
143. Under this violation, the Applicants make four (4) claims, which they
consider as amounting to cruel, inhuman and degrading treatment as
follows:
i.
Police brutality;
ii.
Execution of the death penalty by hanging;
iii.
Exposure to the “death row phenomenon”; and
iv.
Subjection to deplorable prison conditions.
144. The claims will be considered in the order stated above.
i.
Allegation on Police brutality
145. The Applicants aver that as soon as the police learned that the wife of their
commanding officer had been killed, they descended upon the refugee
camps to search for suspects.66 They rounded up people, beat them up and
forced them into their cars. Some managed to flee while others were
arrested, including the two co-accused. The Applicants aver that their
testimony is corroborated by independent reports on police brutality and on
the deteriorating security situation.67
66
See Record of Proceedings at page 24 (Testimony of PW4) and Testimony of PW2 at p. 21.
Turner, S. (2005). ‘Suspended Spaces: Contesting Sovereignties in a Refugee Camp,’ in Sovereign
Bodies; Citizens, Migrants and States in the Postcolonial World, ed. T.B Hansen and F. Stepputat.
Princeton University Press, p. 318). In 1997, the Tanzanian government conducted a mass round-up of
Burundian refugees that had settled in villages near the border, separating them from their spouses and
evicting them from their homes (BURUNDIAN REFUGEES IN TANZANIA: The Key Factor to the
Burundi Peace Process, ICG Central Africa Report N0 12 30 November 1999); (Turner, S. (2005).
‘Suspended Spaces: Contesting Sovereignties in a Refugee Camp,’ in Sovereign Bodies: Citizens,
Migrants and States in the Postcolonial World, ed, T.B Hensen and F. Stepputat. Princeton University
Press, p. 315). The refugee Act of 1998 granted broad powers of arrest and even authorized the use of
force against refugees (Khoti Kamanga, “The (Tanzania) Refugees Act of 1998: Some Legal and Policy
Implications,” in 18 Journal of Refugee Studies (2005), pp.110-113).
67
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