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 42

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