The Right to Bail as a Human Right: Analysing Its Protection Under Mainland Tanzanian Laws and Practices

Résumé

This study explores the right to bail in Mainland Tanzania as a fundamental human right embedded in both domestic and international legal frameworks. It examines the constitutional foundation of bail, primarily under Articles 13(6)(b) and 15 of the Constitution of the United Republic of Tanzania, which guarantee the presumption of innocence and personal liberty. The research highlights the statutory provisions of the Criminal Procedure Act [Cap 20 R.E 2023], especially Section 151, which categorises offences into bailable and non-bailable, and identifies restrictive conditions that often conflict with constitutional guarantees. Through analysis of landmark case law and scholarly commentary, the paper critiques the discretionary and often inconsistent application of bail by law enforcement and the judiciary. It reveals that pre-trial detention is frequently overused, leading to prison overcrowding and the infringement of individual rights. The study highlights the need for legal reforms to align bail laws with constitutional mandates and international human rights standards, advocating for a clearer recognition of bail as a right rather than a privilege. It concludes by recommending constitutional and legislative amendments to ensure fair and equitable access to bail for all accused persons in Tanzania