Date of publication:
01/08/2026
United Republic of Tanzania (the)
Do domestic laws and policies provide detainees with the right to recourse to effective administrative or judicial remedies?
Assessment by population
Analysis
Tanzania's legal system recognizes the rights of detainees to challenge the legality of their detention through administrative and judicial mechanisms. The Constitution of the United Republic of Tanzania and various legislative acts, such as the Immigration Act of 1995 and the Preventive Detention Act, outline procedures for detainees to seek redress. However, in practice, challenges such as prolonged pretrial detention, limited access to legal representation, and instances of arbitrary detention have been reported. These issues often impede the effective exercise of detainees' rights to challenge their detention.
Related provisions of domestic law or policy
Constitution of the United Republic of Tanzania
- Year: 1977
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.parliament.go.tz/uploads/documents/publications/en/1475140028-The%20Constitution.pdf
Legal provision
Article 15.2 - Right to Freedom
For the purposes of preserving individual freedom and the right to live as a free person, no person shall be arrested, imprisoned, confined, detained, deported or otherwise be deprived of his freedom save only— under circumstances and in accordance with procedures prescribed by law; or in the execution of a judgment, order or a sentence given or passed by the court following a decision in a legal proceeding or a conviction for a criminal offence.
Article 15.1 - Right to personal freedom
Every person has the right to freedom and to freedom live as a free person.
Immigration Act
- Year: 1995
- Type: Domestic law
- Rights Category: Asylum, Freedom of movement
- Link to external source: https://procedures.tic.go.tz/media/IMMIGRATION%20ACT%20CAP%2054%202016.pdf
Legal provision
Section 36.1 - Reasons for Arrest or Search
Every person arrested or detained under the provisions of this Act shall be informed, as soon as reasonably practicable in a language which he understands, of the reason for his arrest, search or detention.
Basic Rights and Duties Enforcement Act
- Year: 1995
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/86534/TZA86534.pdf
Legal provision
Section 4 - Right to apply to High Court for redress
Where any person alleges that any of the provisions of Articles 12 to 29 of the Constitution has been, is being or is likely to be contravened in relation to him, he may, without prejudice to any other action with respect to the same matter that is lawfully available, apply to the High Court for redress.