The Pan African Lawyers Union (PALU) has condemned the Tanzanian authorities for the arbitrary arrest, unlawful detention and subsequent deportation of High Court Advocate Martha Karua.
The incident occurred upon her arrival in Dar es Salaam, where she had travelled to observe the ongoing trial of opposition leader Tundu Lissu.
In a statement issued by PALU on Sunday, CEO Donald Deya also faulted the treatment of Karua’s colleagues, Advocates Gloria Kimani and Lynn Ngugi, who were detained alongside her.
“We have spoken at length with the two Advocates and the Activist, and with our members at Tanganyika Law Society (TLS), East Africa Law Society (EALS) and various other persons,” Deya said.
“The three were arbitrarily arrested immediately upon disembarking the plane that brought them to Dar es Salaam, and before they could be processed through the immigration counters.”
Deya noted that the three were detained for several hours, had their luggage confiscated and were eventually deported to Nairobi.
PALU said no senior immigration or government official addressed them, and no reason was provided for their detention or deportation.
Karua had previously observed Lissu’s trial on May 24 and 25 without obstruction.
Her second visit, however, ended with a swift and unceremonious removal from Tanzanian soil.
PALU described the actions as a “startling breach of the right to freedom of movement” for East African citizens, a right guaranteed under the East African Community (EAC) Treaty and the Protocol on the Establishment of the East African Community Common Market.
“The deportation of the three East Africans is a breach not only of regional law but of basic principles of fairness and openness in judicial proceedings,” Deya said.
“The right to observe public criminal trials is enshrined in the African Charter on Human and Peoples’ Rights.”
PALU referenced a similar case in which the East African Court of Justice ruled in favour of a Kenyan advocate who had been unlawfully deported from Uganda while travelling for trial observation.
“This is not the first time such violations have occurred. The EACJ has already upheld the right to free movement and protection from unjust deportation,” Deya noted.
PALU warned that such actions undermine the credibility of Tanzania’s judicial system and damage public confidence in the country’s upcoming general elections, already clouded by “memories of abductions, enforced disappearances, violence and repression.”
The lawyers’ body has demanded an official apology, reparations to the affected individuals, and guarantees that they will be allowed to return to observe the trial of Tundu Lissu and any other proceedings of interest.
“PALU urges the Tanzanian authorities to urgently speak up, apologise for the unlawful detention and deportation processes, and make reparations to the three East Africans,” Deya said.
“We will continue to observe developments in this regard and will stand by to protect and defend these Advocates in seeking just treatment by Tanzanian authorities.”
by SHARON MWENDE
