A CRITICAL ANALYSIS ON THE CRIMINAL PROCEDURE (AUDIO AND VIDEO RECORDING OF INTERVIEWS WITH SUSPECTS) RULES G.N 792/2023.
This article makes a critical analysis on the Criminal Procedure (Audio and Video Recording of Interviews with Suspects) Rules GN NO.792 of 2023 which marked a significance step toward modernizing Tanzania’s criminal justice system and aligning pre-trial procedures with constitutional and international fair trial standards.
These Rules aim to enhance transparency, accountability and integrity in criminal investigation by mandating the use of audio and video recordings during suspect interviews at the police station. However, while the Rules represent a commendable reform effort, this dissertation critically examines their structural, procedural and practical weaknesses that potentially undermine their intended objectives and the broader right of a fair trial as guaranteed under Article 13(6) (a) of the Constitution of the United Republic of Tanzania of 1977and international human rights instruments such as ICCPR and the African Charter on Human and People’s Rights.
The analysis identifies several challenges of the Rules including discretionary nature of recording requirement, which require law enforcement officers to bypass recording without clear, stringent justification.
KeyTerms: A suspect, police interview, compelled confension, and criminal justice system.
