Dar es Salaam. A recent move by lawyers representing opposition leader Tundu Lissu to petition the United Nations Working Group on Arbitrary Detention has elicited mixed reactions from legal and political experts in Tanzania, even as his treason case remains pending before local courts.
Mr Lissu, who serves as Chadema chairman and presidential candidate in the 2020 general election, was arrested last month and charged with treason—a grave offence under Tanzanian law.
Authorities allege that his recent remarks urging Tanzanians to block the upcoming October general election constituted incitement against the state.
While the opposition views the charges as politically motivated, the government insists that due process is being followed.
But, Mr Lissu’s international legal team, led by Canadian lawyer Robert Amsterdam, has taken the matter to the global stage.
Reports indicate that on Friday, May 30, 2025, a confidential complaint was filed with the UN Working Group on Arbitrary Detention, requesting it to declare Lissu’s arrest and detention unlawful.
“This is a classic case of political persecution,” Amsterdam was quoted as saying in an interview.
“We are pushing for accountability—not just for the arrest, but for the broader pattern of intimidation against government critics,” he added.
The lawyer said his team would also petition the U.S. government to impose sanctions on Tanzanian officials involved in the case.
He warned: “Judges, prosecutors, police officers—anyone involved in this farce—should be aware that their foreign assets may not be safe.”
When asked about the Amsterdam move, Chadema’s legal counsel, who is leading Mr Lissu’s legal team in the locally ongoing case, Dr Rugemeleza Nshala, said they are focused on the case within the country.
“As for developments elsewhere, Mr Amsterdam is better placed to comment. I am representing the case being heard here in Tanzania," said Dr Nshala.
Domestic experts cautious
However, legal experts in Tanzania offered more nuanced views. While some sympathise with the human rights concerns raised by Lissu’s lawyers, others believe the timing and strategy of the international petition could backfire.
“This is a sensitive issue, and internationalising it while the matter is still before a Tanzanian court may be seen as undermining the Judiciary,” said a constitutional law lecturer at the University of Dar es Salaam, Mr Joseph Kiwanga.
“It’s important to allow our legal system to process the case first. If there’s a miscarriage of justice, then international avenues can be pursued,” he added.
He acknowledged, however, that Tanzania is signatory to various international human rights conventions, meaning such petitions are not without legal basis.
“There is space for these actions, but they must complement—not replace—domestic legal processes,” he added.
The move has also exposed divisions among political commentators. Some say it reflects the desperation of opposition voices in a shrinking democratic space, while others see it as a strategic miscalculation.
“Mr Lissu’s legal team is right to raise international awareness, especially given experiences of the past,” said a political analyst based in Dodoma, Mr Michael Mkumbo.
“But to get a UN declaration of ‘arbitrary detention’ while the case is ongoing could complicate Tanzania’s diplomatic standing and even stiffen the government’s resolve,” he added.
In contrast, a member of the Tanganyika Law Society, Mr Hamisi Mwakyoma was blunt: “The law is clear. Treason is a capital offence. If the allegations are proven, he faces serious consequences. If not, he should walk free. Let the courts do their job.”
The government has responded firmly to the international criticism. Following a resolution by the European Parliament condemning Lissu’s arrest as politically motivated.
Tanzania’s Ministry of Foreign Affairs dismissed the statement as “based on incomplete or partisan information.”
An office official from the Ministry for Constitutional and Legal Affairs also weighed in: “Our judiciary is independent. Any citizen, no matter how high-profile, is subject to the law. This attempt to pressure through foreign bodies will not interfere with the course of justice.”
President Hassan, who has made efforts to soften Tanzania’s international image and restore political freedoms, has not commented directly on Mr Lissu’s case.
However, she has ordered investigations into reported abductions of critics and assured the public of her government’s commitment to human rights.
