Transfer of a prisoner
I have a friend who is imprisoned in a neighboring country. Last year I visited him in the prison and noted that his health condition was not good. Is there a possibility of transferring him to a Tanzanian prison?
PP, Dar
There is a possibility of transferring a prisoner from a designated country to or from Tanzania to a designated country. A designated country is a country with which the Government of Tanzania has made an agreement for transfer of prisoners subject to such conditions, exceptions and qualifications. On entering agreement with a designated country, the Minister responsible for matters of prisoners shall publish an order for the agreement in the Gazette.
If your friend is imprisoned in a designated country, he needs to initiate the process for transferring him to a Tanzanian prison from that country. You should engage with an appropriate authority responsible for transfer of prisoners for the authority to grant a permission for transfer to Tanzania.
Poor health condition can be a good ground for the authority to grant a permission. Section 5(1) of the Transfer of Prisoners Act, 2004, (the Act) stipulates that where the Minister is requested by an appropriate authority of a designated country that a prisoner or his relative applied for the transfer to Tanzania, that the designated country has agreed to such a transfer, that the country requests for such a transfer and the prisoner has consented to be transferred to Tanzania, the Minister shall, after consultation with the Attorney General, determine whether he agrees or not. Section 5(2) of the Act, enumerates the particulars which need to accompany the request. If the request for transfer is based on medical reasons, Section 5(2)(f) requires a request to be accompanied by a medical report of treatment undertaken in the designated country and recommendation for further treatment in Tanzania.