REPORT OF EXAMINATION OF THE DEATH OF THE AUTHOR OF THE NEWS CHANNEL TEN BW. Daudi MWANGOSI

1.0 INTRODUCTION

On 3 September 2012, the Minister of Internal Affairs of the State, Hon. Dr.. Emmanuel Nchimbi (MB) has appointed a committee of five to investigate regarding the death of the journalist's television station Channel Ten, the late David Mwangosi, happened on September 2, 2012, in the village of Nyololo, District Mufindi, Iringa Region. Center of the late David Mwangosi work was Iringa region was also Chairman of the Press Club of Iringa Region (IPC).

Members of the committee are:

Judge (v.) Steven Ihema - Chairman

Second Mrs. Mtambalike - Member

Colonel (Dr. Eng) Kindness Wilson Weeds - Member

Lord Theophil attendants - Member

Deputy Commissioner of Police Issaya week. Mngulu - Secretary

Secretariat of the Committee are:

Bi. Edith T. Assenga - Ministry of Home Affairs

Lord Nasoro H. Sumi - Ministry of Home Affairs

2.0 Terms of Reference

The committee was given the following terms of reference:

- Validity of the collection was convened by the Nyololo CHADEMA, Mufindi District, Iringa Region on September 2, 2012 and the existence of a breach of the peace.

- If there were an agreement or instructions regarding public meetings or demonstrations in the last census.

-Environment led the police to use force which caused the death of the late David Mwangosi and others hurt, and the ratio of the incident power.

-Claims to be tension between the police and Reporters Iringa region and a source of tension time. In addition there are allegations of the existence of a list of three authors (3) that the police limepanga deal.

-Presence of the law, regulations or procedures that provide the ability for the police to prevent gatherings inayoitishwa and Political Parties Appeal Authority if the parties have not vitaridhika with these orders.

-Nature of Relations between the police and political parties in the performance of their work and obedience to law.

3.0 TERM OF EXAMINATION

The committee was given 19 days from the date September 11, 2012 it has completed its investigation and submit a report by on October 2, 2012.


4.0 Routes APPLIED TO DO CASE:

4.1 Interviews with various people who were present at the event.

4.2 Through various documents and illustrations.

4.3 Visiting the scene.

4.4 Discussions with various groups (religious leaders at the village level and district to the region, leaders of political parties on the level of the village, district, provincial and national, government officials at the village level, district, regional, national) and the villagers of Nyololo.

5.0 MONITORING

Review Committee conducted interviews with various people, including government officials, particularly the Committee of Defence and Security, the district Mufindi and Iringa leaders of the police officials, political parties, leaders of religious sects, the Media and the public normal (level Village, County, District, Regional and National).

6.0. HIGHLIGHTS

After the committee meeting with various groups of people in Iringa Region and leaders of national political parties in Dar es Salaam, several things occurred and some of them are:

-Fear of loss of peace among leaders and citizens, especially in meetings and political demonstrations which started rooting for breach of the peace and other atrocities. Leaders and many citizens who offered their views before the Committee have expressed fear that the situation early on loss of containment can take an evil nation.

-There is however a relationship between the media and the police in Iringa.

-Presence of a deliberate willingness / gratitude to the leaders of all political parties to put forward the interests of the nation rather than the interests of the parties.

-The importance of cooperation and interaction between government agencies, political parties, the media and the general public rather than show aggression that has bring us there.

- Need to make legal changes in the management system and the performance of politics in

- The need for systemic change in the police force rather than the present, which in the opinion of some people who spoke to the Committee is the most national and local governments stop without the obligation to protect the safety of citizens and their property.

-That great force applied to enforcement / security against civilians and thereby reduce society's faith in these instruments.

-Decrease in values ​​/ patriotism among Tanzanians from officials to citizens, particularly in political activities.

-The need to emphasize civic education to the community from children to adults, especially this time of the multiparty system in order to build national unity.

-Presence of meetings and demonstrations of political parties and limit unhealthy.

-The appearance of the police in front of the community.

7.0. MONITORING RESULTS FROM Terms of Reference

7.1 About "The legality of the collection was convened by the Nyololo CHADEMA, Mufindi District, Iringa Region on September 2, 2012 to be a breach of the peace", the Committee's investigation revealed the following:

On August 30, 2012 CHADEMA wrote letters, Office of the Chief of Police Mufindi District to provide information about the schedule of meetings and twenty-six (26) in the provinces of North and South Mufindi on 2 to 3 September 2012. Initially it was agreed schedule of meetings, but later that day on September 1, 2012 meetings abolished by e Ref. And MFG/A.24/9/54 from the added exercise and Housing census to date September 8, 2012.

Chadema would not stop schedule of meetings as evidenced by Justin Leornard Mpotwa Mufindi District Secretary for his letter Ref. And CDM/M4/002/Vol.01/2012 dated September 1, 2012 that "we pray also be understood clearly that our operations do not have the legal interaction and not related to the program added to the Census. In this letter we inform that we yokutaarifu making meetings from tomorrow on 02 September 2012 will continue as planned - CHADEMA well ".

Moreover the existence of withholding of Political meetings CHADEMA Iringa region during the exercise of the Population and Housing Census confirmed by Command Performance (Operation Order) Regional Police Commander (SACP Michael Kamuhanda) dated September 1, 2012. Command Performance which is a valid command was to "prevent political activities (meetings and demonstrations) during the national census exercise beginning on August 25, 2012 to September 8, 2012". Validity of the Law / Withholding This was confirmed also by the Registrar of Political Parties in the letter Ref no. DA. 112/123/01/34 dated 28/08/2010 and the time of interview and investigation committee on September 22, 2012.

Despite withholding / command Chadema leaders refused to obey the decree. From this information, the Committee of Inquiry confirms that there was no justification for the collection / gathering convened by the Nyololo CHADEMA, Mufindi District, Iringa Region on September 2, 2012. The existence of a breach of the peace Remote Nyololo on September 2, 2012 Committee of Inquiry found the following:

-Event of the murder of David Mwangosi evening on September 2, 2012 occurred after the operation of the police ended. This is according to the statement of Commander Iringa Regional Police, Chief of riot squad Iringa Region and Joseph Photography Senga / Author Tanzania Daima.

- The act of disobeying lawful orders of the Commander of Police ordering Chadema supporters to disperse from the office of the County of CHADEMA was a source of violence.

The decision to CHADEMA struggle illegal assembly area Nyololo considering the existence of the SMS message from Dr. Slaa, Chadema Secretary stating, "IGP wait your phone. Tell your police to prepare enough ammunition, explosives enough. You shall be the feast of murder and then celebrate, prepared to go to The Hague tribunal. It is better to die than to abuse it ". Dr. Slaa. : This message indicates when the bloodletting is sufficient evidence for the existence of a breach of the peace. Chadema is the source of violence and breach of the peace Remote Nyololo on September 2, 2012.

7.2 If there were agreement about public meetings or demonstrations in the last census. In talking about this issue we start with government officials and political parties the District level, Regional to National Review Committee confirmed the existence of orders to suspend meetings / demonstrations of political parties during the Census of Population and Housing made by the Registrar of Political parties in the country, and an extension of the Census to date September 8, 2012 and the Census Commissioner on 1 September 2012.

Moreover this argument is proved that the Registrar of Political Parties in the letter with Ref and DA. 112/01/34 dates for August 28, 2012 to the General Secretaries of Political Parties was distracted suspend all activities of meetings and demonstrations of their organizations throughout the Census of Population and Housing. Furthermore, according to the Gazette VOL 93 No 29 dated July 20, 2012, Hon. President, Jakaya Mrisho Kikwete with the authority given under section 14 of the Statistics Act, chapter 351 he submits that the Census of Population and Housing will take place starting on 26 August, until on 08 September 2012.

Census Commissioner was systematic exercise of the Population and Housing Census ended on September 1, 2012 by. However, due to the evaluation was done, the work that was completed by 95%. So on September 1, 2012 he informed the media that for every citizen to get a chance to be counted people who had been left, which is less than 5% are requested to cooperate in order to exercise likamilike. Thus, those individuals who remain will continue to be registered to date September 8, 2012.

For its part the Inspector General of Police in Ref phone messages and S8.7 / 2 / A / VOL XIV / 59 dated 28/08/2012, also call it Our Ref C.28 / B / 44 the dates for 01/09 / 2012 instructed the Regional Police Commander advised the meetings and demonstrations during this exercise Population and Housing Census to litakapokamilika on September 8, 2012.

Basically Committee investigation has confirmed that the instructions for Political Parties kutoendesha activities of public meetings or demonstrations were made in accordance with the law.

7.3 Environmental Police caused the violence which caused the death of the late David Mwangosi and others hurt, and the ratio of the incident power.

The notion that police used excessive force in controlling CHADEMA conference was supported by the Government of Village Leaders, Leaders of religious and political leaders and regional Rural District and the Media. However, the Defence and Security Committee and the Regional District Police officials felt such power is environmentally situation.

Investigation of this issue revealed that on September 2, 2012 10 hours of the evening in the area of ​​the market, there were Nyololo Village of illegal assembly organized by Chadema leaders. There is the fact that the leadership of Police was ordered to give notice of Chadema supporters who were present at the meeting to leave the power otherwise utilized. Walikaidi ilipoagizwa orders, and the leaders were arrested when they began to throw stones at the police. Some soldiers were wounded, in groves G 9934 PC Mgaka he pulled his right hand. Also hat (helmet) three were damaged.

Consequently orders hitting tear gas and the noise was released, in accordance with Article 77 to 79 of the Penal Code, Chapter 16 - RE 2002. This operation ended after the arrests of leaders and followers CHADEMA their seventh overall.

After completion of the exercise the soldiers who participated in Operation Police were ordered to enter the car ready to leave. When the soldiers rode in cars tumult occurred over a distance of 100 meters from the place where the operation was done and it was found that the noise that caused the death of journalist David Mwangosi.

Investigation of the original with the picture of viscosity suggests that the deceased had been embraced him Chief of Police Centre Mafinga ASP Assel Mwampamba while surrounded by police at least six who, despite around late David Mwangosi no claims made by the author of Information Joseph Senga that Soldiers The police were attacked late to beat, then one of the soldiers who recognized only G 2573 PC Pasificus Cleophace Simon's dramatic bomb opened fire resulting in the death of David Mwangosi.

This event can be divided into two parts: the first part is wileamapamebas (mni of dispersing individuals and the second is that of the murder of David Photo No. 15: Police soldiers were struck late David Mwangosi, with the axle OCS M) trying to stop. Mwangosi. In the first instance the number of soldiers who participated are Sekisheni This event can be divided into two parts: the first part is that the operation of dispersing individuals and the second is that of the murder of David Mwangosi.

In the first instance the number of soldiers who participated are three Sekisheni which is not more than thirty soldiers. For details made by journalist before the Committee, Mr Joseph Senga explained that they shatawanyika and state settling time after this operation was completed and the Police prepare to leave the scene of the incident. Scene of the assassination of David Mwangosi was caused by a bomb hit margins.

Questions to ask yourself in the event of killing a Will, there was a balance equivalent to this event?, Is There were bomb validity of using the noise?, And What's the use of the bomb was a necessity?

According to the event itself answers to these questions are as follows:

-There was no correlation of the bomb and the scene of the assassination, as the procedure for the use of the bomb guides focusing on equality of 45 degrees and a distance 80 meters to 100 meters.

-There was no justification for the use of the bomb Plop for the purpose of blasting his fear is that people run.

- There was no need to use the bomb because that would Plop capturing already about six policemen were present at the scene.

On this basis the Committee has noted that the forces involved start to finish it was a great operation. About the event of death mr. David Mwangosi and wounded some soldiers, police have not completely likustahili.

7.4 Claims of the existence of tensions between the police and the authors of Iringa region and a source of tension time. Further claims of the existence of a list of three authors (3) that the police limepanga deal.

In getting the facts of this matter, the Committee met with members of the Club of Journalists Iringa and also iliwahoji Police Commander Iringa Region, Michael Kamuhanda, Head of Investigation Region, Nyigesa Ramadan Wankyo General Force riot in Iringa Said Abdallah Mnunka.

Also, when meeting with the Committee of Defence and Security Committee of the Region, brought the issue of relations between the police and the reporters and the chief executive of the government of the region of Iringa.

In meeting with the press, seemed to be in their check connection between them and the police are in a very bad. They explained several cases of abuse told reporters while they are at work, including beatings, threats damaged and destroyed their equipment works and even threatened the life that they report things that the police do have interests.

For example, a journalist of Star TV, Oliver Fire Committee stated that: "Journalists do not have good relations with the police, and even the arrival of the police office is not given cooperation. Due to a serious relationship, the media did a demonstration on March 6, 2012 against the violence done to the police force here in Iringa ".

Another reporter Shomari information Zulfa who wrote Citizen newspaper reports that there have been several incidents in which police prevented journalists doing their job one is one that prohibited the police firing incident of arrest photographs ivory.

The Committee also iielezwa and journalist for the Guardian, Mr. Laurian Mkumbata tragedy of broken cameras and OCD Iringa on one occasion. OCD had to pay the same camera with the instructions of RPC.

They also said that the commander of Regional Police currently has poor communication to the authors of the information and the efforts of many to follow in order to certify the event has been refused because he has placed orders At the gates that anyone who wants to see it should explain he wants to see why that would be allowed to enter . For this reason the authors of the news many have cut leg to his office.

One author, Mr. FM Ebony. Raymond Francis, told the committee that he personally was threatened with death and after the preparation period related to persons suspected of illegal trading of drugs that are associated with some of the police who justified.

Greyson Journalist magazine First GOI Social Committee told the event of a fall in oil truck Ifunda area near where they found Mafinga citizens and police draws fuel from the vehicle.

He said that they decided to photograph the incident but police caught and forced crossing the pictures were zopiga. For fear of evil admitted deleting and allowed to continue their journey.

Journalists, however, noted that their relationship with the police when the province was very good over the leadership of Advocate Nyombi RPC. They said that while the RPC Nyombi, had organized the meeting with the reporters and was also reached by the authors of information easily by phone or in his office. They did, but the damage had begun moves and was replaced by RPC Mangara and worse came Kamuhanda. They claimed that police Iringa not justified and have been feeling like gods people.

The authors describe Committee, something very kilichowaudhi is the response made by the RPC after the murder of David Mwangosi that appeared were planning to truth in unrighteousness. They said if not photo released by the reporters who were present at the event, do not think the Tanzanian public would find the truth of the event.

They said on March 6, 2012, they held a demonstration to protest police harassment of Iringa region received by the Regional Commissioner. Journalists in Iringa also expressed their disappointment that since the murder of Daud occur Mwangosi, have received condolences from the Regional Commissioner and his top executives even if it is a "hypocritically".

On the other hand, the police force, the Committee received a different perspective. RPC Kamuhanda said that he sees police relations with the media in general is good and he personally has been met with the reporters about four hours every morning to give information. He also told the committee that the reporters were actively involved in reporting football tournament cup of Kamuhanda held in Iringa.

The position was also taken by top leaders including the Chief Administrative Region Dr. Christine Ishengoma, Regional Administrative Secretary Mrs Getrude So who said that there was any tension between Head Office and the Regional Reporters. Both of them said that they knew the late David Mwangosi and was nominated in several regional committees including the preparation of the Population and Housing Census Region, Committee on Constitutional Affairs and the Provincial Tourism Promotion Committee of the Region.

With regard to the impression that the Regional Commissioner and his staff were gathered by the authors at the funeral of David Mwangosi, Dkt. Ishengoma said he did not really have to give their condolences for the death of Mwangosi but sorry for journalists when he went to the village Nyololo Good IGP and also via radio during furnished and journalist Francis Godwin.

After talking to the two sides, the Committee found that there is nevertheless a relationship between the press and some policemen in Iringa. The alleged existence of a list of three authors (3) that the police limepanga deal.

In the event of Nyololo where journalist David Mwangosi was killed, another journalist Godfrey Mushi was beaten by the police and is reportedly seriously injured and later arrested by police.

According to Joseph Senga photographer / journalist of Tanzania Daima newspaper, who was present at the event and take pictures, he saw the deceased as he walked past a police car that had some members of CHADEMA. Once he saw a man and a soldier was beaten zungurukwa but did not know who she continues to photograph the event to him was arrested and three police who asked him if he wanted to go to connect with someone who is beaten there.

Senga said the beating was going on, there is one soldier with three stars (OCS Mwampamba) was down from the car and go there where the man who was beaten as he told them to "leave her alone, leave her alone, I know me, he is a journalist!"

Senga said as soon as he heard the tumult and the soldiers who were holding fled then he went on to photograph the now deceased David Mwangosi who had been displaced by a bomb. He explained that he had heard the soldiers who came to help the deceased Mwangosi saying "afande they kill me", "afande they kill me", he said RPC who was close to him for him was seriously injured in the blast. Committee Senga told all those who have gone around him were late as they are seen in the picture was zopiga were present when he struck.

Contact Mr. Senga very different to those made by the RPC and OC FFU being late was caught OCS Mwampamba and that the soldiers may have thought that they had a great oppressed that they decided to help. OCS Mwampamba himself when he was interviewed by the Committee Mafinga said he did not remember anything.

However, the description of mr. Senga, which agree with those of the RPC and OC-FFU, an act of assault and murder of the late David Mwangosi happened after the operation ends CHADEMA meeting disrupted and there was not any controversy or negligence occurred before the late swelled and started firing.

For this purpose, then the Committee has failed to identify the operation ended after police and soldiers began to leave, why Mwangosi was attacked with assault before the bombings and bomb the crash?

Why there is conflicting information between mr. Senga, who was very close to the event and what the RPC and OC-FFU, which in their statements to the Committee said that they were a little off the event so they can see clearly what happened. Hinting that yalirudiwa and top police officials including the Commissioner of Investigation (DCI) Robert Manumba by the Inspector General of Police, in an interview with Good Said Committee.

Observations of the Committee is unable to find evidence to determine whether the journalists being attributed to the police to deal with any conspiracy or negligence occurred in the violence occurred after the FFU commanded to disperse members of CHADEMA.

The Committee also but did not find any evidence to show that the murder of David Mwangosi were organized. From the above description, the Committee recommends the following: -

Information-governing institutions and professional ethics of the media, particularly the Media Council of Tanzania National Editors' Forum should be eating mediation process among the reporters, the police force and direction of the Iringa region. This will help to restore good relations between the entities so important in the region;

-Journalists should be trained on how to report incidents to the risk / violence;

Press-wear special clothing while in cases specifically identify the risk areas;

- Journalists should work with professionalism, integrity, transparency and to identify with political parties;

- Police who were involved in the beating deceased before he killed David Mwangosi steps taken legal entitlements;

- Committee on Cooperation between the Police and the Media, established in 2008 ifufuliwe. And committees ziteremke to the regional level as before.

- Leaders of the police presented the event, to be detailed case study to zisipotoshe community.

7.5 Presence of the Act, the regulations or procedures that provide the ability for the police to prevent gatherings inayoitishwa and Political Parties Appeal Authority where the vitaridhika parties to the decree.

Act No. 5 of 1992 as amended by Act No. 7 of 2009 coordinates operational relations between the police and political parties. According to this law the police powers given to withholding in writing and sets out the reasons for blocking meetings or demonstrations. Withholding this type is valid according to the law and Honor Political Party wager and obeyed. Verse 11, and subsections 1, 4, 5, 6, 7 and 8 of the Political Parties Act likisomwa including sections 43, 44, 45 and 46 of the Police Act and the Auxiliary Forces Act Cap 322 will be used to manage operational meetings of political parties in the United Republic of Tanzania.

Although political parties are required to report and not ask for permission, police are given power and authority over the meetings about preventing or allowing to or provide instructions eligible, as well as suggest, and suggest alternative location and date different meetings / demonstrations.

In addition to disobey orders / withholding of the police force is a criminal offense under Article 74 of the Penal Code Act Cap 16 RE.

Also according to the text of 43 (6) of the Police Act and the Auxiliary Forces Act, the Minister of Home Affairs is the authority of the Appeal against the order / withholding paid by the police.

Despite the existence of these two laws there are still shortcomings in the operation and management of political activities by the Registrar of Political Parties. For example, with the power that he is the Registrar of Political Parties to If you delete Political Party on the register of registration according to verse 19 and 20 of the Law of Political Parties, suspend the provision of subsidies to its use, the coordination of the parties is not hands.

Stakeholders suggested the importance of strengthening relations activities in performance between the Office of the Registrar of Political Parties and the police force to maintain stability and peace and obedience to the law would not bet on one hand and promotion of a democratic system of multiparty politics on the other .

7.6 The relationship between the police and political parties in the performance of their work and obedience to law.

Review Committee of the Death of Journalist of Channel Ten, David Mwangosi in getting answers to the terms of this return, spoke to leaders of political parties from the level of the Village of Nyololo, District Mufindi, Iringa Region and national leaders in Dar es Salaam and religious leaders from village level Nyololo, Mufindi District, Iringa Region.

In general, every leader of a political party at all levels that the Committee imezungumza him about the terms of this return, he explained the importance of the police in protecting the safety of citizens and their property and would like to host it liachwe independent in carrying out its functions without interference from politicians to do the work for his professionalism and integrity.

However iliyojitokeza picture is that there is a division of attitude about how the police linavyoshughulikia meetings / demonstrations of political parties.

Some opposition leaders believe that Police linakipendelea Revolutionary Party and clamped down on the opposition, while CCM leaders from the village to the national level were lisifia army was doing its job properly and great professionalism.

Divides the image on the allegations that the police force in favor of CCM is not just between the opposition and the CCM but also religious leaders from the level of village, district up in Iringa for details had not heard that one day someone is killed by the police in the CCM meeting . One writer gave his curiosity tend to have great difficulty writing about CHADEMA meetings due to how police are organized on party meetings.

Reveal the importance of the police in the community, even those who They accused that linakipendelea CCM, in giving their opinion on what action to take soldiers who destroyed the reputation of the Army that, they suggested that the soldier characters taken steps to apply the Army's liendeshwe for practitioners, especially in cases soldiers had to use weapons deal with aggressive isifikie kill.

For example, Pastor Peter Katanga of Revival Baptist Church, advised a police should not be used to commit murder, or should not be used by a person, people, or any group doing is not good for the community because the agency is to protect the safety of all citizens and property them.

Other political leaders regardless of their ideology, they appeared most concerned with the character of the people killed during the police linatuliza this violence if allowed to continue could result in a breach of the peace in the country. For example, Pastor of the Church of EFATA Nyololo, Redeemer slain police advised to use effective ways to deal with those who break the law and not to kill.

Also Teacher Primary School Nyololo, Nobby Kimbale, expressed disagreement to him by the act of killing David Mwangosi, proposed civic education should be given to the whole community, including enforcement, government officials, politicians and the public generally so that everyone in the space her he understands how to fulfill its obligations within the framework of multi-party democracy.

On the other hand, many who offered their views on the relationship of the police and political parties, as well as blaming the police used excessive force in dealing with followers of Chadema, also blamed the leaders of the party, to the laws valid Police eventually Police use force to cause much.

The act of killing journalist, David Mwangosi a tendency to occur killing at meetings occasionally CHADEMA kuwakera many leaders of political parties because they believe that the police are using excessive force big 'they potuliza violence' CHADEMA meetings.

Executive Secretary of the District of Iringa, Mwansasu Zakaria explained because of incidents like this that is because he called it a great erosion of values, especially in the political parties and suggested the leaders of political parties and given to civic education.

Comments lot of leaders of political parties are based simply in awe of the country into the chaos and from the island of peace, and thus give the advice to the leaders of political parties and the police put before national interest.