The Extradition Procedures in Tanzania As Explained by Act No. 15 of 1965 [Cap 368 R: E 2002]

32 Pages Posted: 22 May 2018

Date Written: April 29, 2018

Abstract

This short paper is all about the Extradition Act No. 15 of 1965 [Cap 368 R: E 2002] on the procedures on how the accused person who commit an offence inside the country and escape to other country (vice versa) from the processes of arresting up to hearing of cases and evidence.

Tanzania can extradite its own nationals. In correlation with the bombing of the US Embassy in Tanzania in 1998, a Tanzanian citizen was extradited to the United States. Also in 2017 the Court approved the extradition of a leader of a global drug trafficking ring to the United States of America.

In Republic V Wilfred Onyango Nganyi & Another involving extradition of suspected robbers connected to a robbery that occurred in Arusha, Tanzania, extradition proceedings were followed to the letter and the accused were handed over to the Tanzania authorities after the High Court on appeal, granted extradition orders.

This means such person can be returned to our country (or foreign country) where crime has been committed in order to give the chance for the particular court proceedings to prevail. This act is normal known as Extradition, and the power given to the parties to an agreement on mutual assistance on extradition processes is known as Extradition Authority. The most important thing in Extradition is jurisdiction, which is mainly given after the mutual agreement between the said countries on extradition assistance. Territorial jurisdiction simply means the geographical area within which a court of law can exercise its powers (Sharma v R, 20 E.A.C.A 310).

For instance, if any fugitive criminal or other person is arrested in pursuance of the provisions of this Act and brought before a magistrate shall have power to order, who has no power to exercise jurisdiction under this Act, that magistrate person to be brought before some magistrate having that jurisdiction, and to remand or admit that person to bail, and effect shall be given to that order.

Keywords: extradition, criminal procedures

Suggested Citation

Magalla, Asherry, The Extradition Procedures in Tanzania As Explained by Act No. 15 of 1965 [Cap 368 R: E 2002] (April 29, 2018). Available at SSRN: https://ssrn.com/abstract=3170666 or http://dx.doi.org/10.2139/ssrn.3170666

Asherry Magalla (Contact Author)

Independent ( email )

8401 Dar Es Salaam
Dar Es Salaam, +255
Tanzania
0716348882 (Phone)

HOME PAGE: http://https://ssrn.com/author=2828854

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
754
Abstract Views
4,004
Rank
62,227
PlumX Metrics