Form independent body to probe Hamza incident: call

Dar es Salaam. Lawyers, rights groups and analysts have demanded formation of an independent commission to investigate the killing of three police officers, a security guard and a person identified as Hamza Mohamed.

They issued their opinions, shortly after the statement by the Director of Criminal Investigation (DCI) Camilius Wambura that police investigations have revealed that the gunman Mohamed was a terrorist.

But, lawyers, rights groups and analysts said police lacked the mandate to probe the incident, instead they also needed to be investigated.

They also cautioned that declaring the presence of terrorists would adversely impact the country diplomatically and economically.

Speaking to The Citizen, ex-Tanganyika Law Society (TLS) President Rugemeleza Nshalasaid the DCI report raised more questions than answers.

“The President should form an independent commission of inquiry to thoroughly investigate the incident and come up with a true report on what happened,” he said.

He said police are themselves implicated therefore independent members capable of digging deeper should be picked in the commission.

According to him, a similar incident occurred in 2006 whereby three businessmen from Mahenge in Morogoro Region were killed at the Mabwepande forest and they were robbed of Sh200 million and minerals worth millions of shillings.

Efforts by Police to cover the matter faded due to the intervention of former President Jakaya Kikwete who formed a commission lead by Judge Mussa Kipenka that revealed involvement of police in the murder.

But, Tanzania Human Rights Defenders Coalition (THRDC) national coordinator Onesmo Olengurumwa said police cannot investigate themselves, pressing for formation of an independent commission.

“The commission should tell us why the attack occurred at a place close to where the Head of State was meeting top police officers?” he questioned.

He added: “I’m not against the DCI’s report. But, my emphasis is the need for an independent commission.”

Mr Olengurumwa said labelling people as terrorists without comprehensive probe could inflict panic and the country would be listed among insecure states, something that would adversely affect trade and tourism. “Authorities should satisfy themselves before making general remarks on terrorism. They should ascertain themselves whether the incidents are acts of terrorism or normal crime,” he said.

The Legal and Human Rights Centre (LHRC) executive director Anna Henga said since police have conflict of interest in the incident, they will hardly be trusted regardless of the professionalism applied.

“In the short term an independent commission of inquiry should be formed. But, in the long term, a special commission is needed to oversee police,” she said. Ms Henga said Kenya has formed an Independent Police and Oversight Authority (IPOA) that collect, work and find solutions to complaints of citizens as well as law enforcers themselves.

Analyst Buberwa Kaiza said terrorists are well organised, work together not in isolation and attack civilians to win recognition of their presence.

He said they usually have political motives, issue statements expressing their intentions, noting that Mr Mohamed lacked these qualifications.

“We are told Mr Mohamed was a good CCM cadre who significantly contributed to development. In the 2020 General Election he played an important role by funding election campaigns of councillors,” he said.

He said branding citizens as terrorists could lead to the country’s isolation by the international community and put national interests such as tourists’ attraction and freedom of doing business at stake.

“The statement doesn’t show probe professionalism. However, a report has been done within a few days to arrive at such a shocking conclusion,” he said.

August 25, 2021, Mr Mohamed ambushed and killed two police officers, took possession of their guns and engaged in exchange of fire with law enforcers.