Financial Crime World

Here is the converted article in Markdown format:

Tanzania’s Extradition Regime: A Complex Web of Laws and Practices

NAIROBI, KENYA - Tanzania’s extradition regime has been shrouded in mystery, with details of its bilateral treaties and implementation practices remaining unclear. In an effort to shed light on the country’s extradition procedures, a team of reviewers conducted a comprehensive assessment of Tanzania’s laws and practices.

Overview of Extradition Procedures

According to sources within the Attorney-General’s Office, which is responsible for overseeing extradition requests, Tanzania considers extraditing individuals for offenses listed in the Extradition Act schedule, provided dual criminality is satisfied. However, it remains unclear whether all offenses covered by the United Nations Convention Against Corruption (UNCAC) are captured by the definition of “extradition crimes” in the Extradition Act.

Treaties and Implementation Practices

Tanzania’s treaties generally provide for extradition for all offenses punishable in Tanzania, excluding national security matters and political offenses. While UNCAC offenses would not be regarded as political offenses, officials were unable to provide evidence of any measures in law or practice to formally implement this approach.

Limitations and Suggestions

  • The extent to which Tanzania has included UNCAC offenses as extraditable offenses in its treaties with other states could not be fully assessed due to a lack of information.
  • A comprehensive review of all treaties is suggested to ensure compliance with UNCAC and coverage of all UNCAC offenses.

Conditions for Extradition

Tanzania may impose conditions, exceptions, or qualifications on the extradition of an individual by published Ministerial order. Officials take various factors into account when assessing each case, including:

  • The seriousness of the offense
  • The likelihood of conviction

Expedited Procedures and Simplified Evidentiary Requirements

The country has adopted provisions to expedite extradition procedures and simplify evidentiary requirements. A magistrate may issue an arrest warrant for a fugitive suspected to be in Tanzania if satisfied that dual criminality is established. Officials can conduct provisional arrests in cases of flight risk, and the judiciary confirmed that an arrest order can be issued once an extradition request is received.

Extradition of Tanzanian Nationals

The extradition of Tanzanian nationals is not explicitly addressed in the Extradition Act, although the country has previously extradited its own citizens. In certain situations, Tanzania would have jurisdiction to conduct a prosecution in lieu of extradition. However, this is not directly addressed in the legislation.

Fair Treatment and Non-Discrimination Provisions

Tanzania has partially implemented fair treatment and non-discrimination provisions, which allow it to refuse extradition if:

  • A request is trivial
  • Not made in good faith
  • Relates to a political offense
  • Extradition would be unjust, oppressive, or too severe a punishment in the circumstances

Officials indicated that relevant provisions are also contained in Tanzania’s bilateral treaties.

Transfer of Sentenced Persons

Tanzania has legislatively satisfied its UNCAC obligation in respect of the transfer of sentenced persons, although no practical examples were available. The transfer of criminal proceedings is not explicitly addressed in the Extradition Act or the Transfer of Prisoners Act 2004, and it remains unclear how consultation between requesting and requested states parties occurs in practice.

Conclusion

As Tanzania continues to navigate its complex extradition regime, it is clear that more needs to be done to ensure compliance with international obligations and best practices. A comprehensive review of all treaties and a clearer implementation of fair treatment and non-discrimination provisions would help to strengthen the country’s extradition framework.