Activist Boniface Mwangi and Ugandan journalist Agather Atuhaire have submitted a legal complaint to the East African Court of Justice regarding allegations of kidnap, mistreatment, and illegal removal by the Tanzanian authorities.
The legal action, filed on July 18 in Arusha, Tanzania, aims to make not only Tanzania responsible, but also the governments of Kenya and Uganda, as well as the East African Community (EAC) secretary general, Veronica Nduva, answer for what the applicants describe as serious breaches of human rights.
A legal case arises from unsettling incidents that took place between May 19 and May 23, during which Mwangi and Atuhaire were illegally taken from their hotel in Dar es Salaam by unknown agents.
As stated in the petition, they were first held at the Immigration Department and the Central Police Station before being taken to undisclosed places.
The couple claim they endured severe abuse, including sexual assault, prior to being left at the borders of their home countries with no clarification.
"Such breaches cannot be overlooked. We are calling for responsibility and fairness at the top regional level," the applicants stated.
Mwangi and Atuhaire claim they legally entered Tanzania to attend the high-profile treason trial of opposition leader Tundu Lissu, but were never provided with any legal justification for their arrest, detention, or eventual deportation.
In their submitted documents, they claim that Tanzanian officials were responsible for their abduction and mistreatment, and also contend that Kenyan and Ugandan authorities did not fulfill their legal obligation to safeguard their citizens.
"Although there was extensive media attention, neither the Kenyan nor the Ugandan authorities took action via diplomatic or consular means to obtain their freedom," they claim.
The applicants further claim that the EAC Secretary General stayed quiet even though there were widely reported human rights violations.
"This case goes beyond two people. It is about protecting the essence of East Africa — the values of human dignity, regional unity, and the rule of law," stated Donald Deya, CEO of the Pan African Lawyers Union (PALU), one of the groups supporting the case.
PALU serves as a continental platform for African legal professionals and their associations.
With Mwangi and Atuhaire, seven leading civil society organizations and legal entities have become part of the lawsuit.
They feature the Agora Centre for Research, the Centre for Strategic Litigation, East Africa Law Society, Innovations for Democratic Engagement and Action, Kenya Human Rights Commission, and the Kenyan Chapter of the International Commission of Jurists.
Mwangi referred to the experience as "evil" and alleged that Tanzanian officials employed kidnapping and torment as methods of suppression.
"If a state acts improperly, the law should intervene to safeguard its victims," he stated.
We are heading to court not just to pursue justice but to reveal to everyone what occurred to us in the shadows. We hope this case will empower other victims of the state to find the strength to speak out and pursue justice.
Atuhaire shared these views, emphasizing the wider consequences of the case on civil liberties in the area.
The applicants argue that the Tanzanian government's actions, along with Kenya, Uganda, and EAC leadership's inaction, breach the Treaty establishing the East African Community and the African Charter on Human and Peoples' Rights.
They also claim it weakens the spirit of East African identity and Pan-Africanism.
The applicants are seeking public apologies from the three governments, compensation of no less than $1 million (Sh129m) per person, assistance for recovery, and changes in institutions to avoid similar violations going forward.
They further desire the EAC Summit to gather and discuss the growing challenges to human rights in the area.
David Sigano, the head of the East Africa Law Society, highlighted the significance of the case within the region.
"This issue touches on the core of what it means to be East African. No citizen should endure torture, vanish, or be deported merely for attending a court hearing. The East African Court of Justice needs to step up to the challenge," he stated.
With the case moving to court, Tanzania, Kenya, Uganda, and the EAC Secretariat have not yet issued public statements.
The events are anticipated to challenge the EAC's dedication to justice, regional unity, and the safeguarding of basic rights.
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