Lawyers file suit to indict President Samia at ICC

Legal representatives of thousands of victims allegedly killed during presidential election protests in Tanzania have formally applied to indict President Samia Suluhu Hassan and some senior security officers in her government at The International Criminal Court (ICC).

It is not clear whether the application will be allowed, but it carries serious allegations of crimes committed against humanity in the East African country in recent weeks.

The document seen by The Standard is said to have been tabled before Nazhat Shameem Khan, a Fijian diplomat, lawyer and former judge who has been a deputy prosecutor for the International Criminal Court (ICC) since 2022.

The communication submitted by the Madrid-based law firm of Juan Carlos Gutierez dated November 13, 2025, filed the petition pursuant to article 15(2) of The Rome Statute.

It is indicated that superior commanders, including the President's Intelligence Director, Police Commander for Dar es Salaam, and Army General whose names are redacted, bear command responsibility under Article 28 of the Rome Statute.

Article 7(1)(a) of the Rome Statute says murder as a crime against humanity, is committed as part of a widespread or systemic attack directed at any civilian population. The elements of crimes specify that the perpetrators must have killed one or more persons.  

It is argued that the commanders possessed knowledge that their subordinates were killing civilians, yet they failed to stop it or did not punish the perpetrators. The president is accused of publicly justifying the violence and encouraging the crimes.

 “The crimes documented were committed as part of a widespread or systemic attack directed against civilian populations across multiple regions of Tanzania. The attack was conducted pursuant to state policy, with the knowledge and direct participation of the highest levels of government, including President Samia Suluhu Hassan and her security apparatus,” says part of the filed document.

The internet shutdown was allegedly coordinated by the TCRA under ICT Minister (name redacted), pursuant to state policy, under the direction of the president.

Pan African Rights Groups alleged to have documented over 3000 deaths through witness testimonies while diplomatic sources using their own intelligence gathering, indicated at least 500 people were massacred.

The geographic scope encompasses the entire territory of Tanzania, with particular concentration in Dar es Salaam, Mwanza, Arusha, Shinyanga, Morogoro, Dodoma, Mara, Songwe, Pwani(Coatal region, Mtwara, Ngorongoro conservation area and Loliondo. where the Maasai have faced systemic persecution and displacement.

It stated that as night fell on election day October 29, 2025, with the internet severed and security forces deployed, the stage was set for the worst massacre of civilians in Tanzania independent history.

A midnight curfew began with the military being deployed to assist the police, who had established roadblocks nationwide, requiring proof of essential worker status.

On the same day, the Zanzibar anti-smuggling police unit (KMKM) was deployed to violently suppress the protests. Ordered to shoot and kill, the masked officers joined a broader, menacing task force.

A more shocking post-election massacre happened on October 30, 2025, when the protests spread to other parts of the country. In Dar es Salaam, tens of thousands of youth took to the streets demanding that electoral fraud be addressed.

“What followed over several days that followed constituted a systematic massacre of civilians. Security forces –combining police, military and intelligence operatives- conducted coordinated operations across multiple regions.

Mass killings were not limited to Dar es Salaam and Mwanza. Across Arusha, Shinyanga, Mara, Morogoro, Dodoma, Mbeya, Tunduma, and Tanga, security forces used live ammunition against protesters, conducted mass arrests, and engaged in torture and execution of detainees. 

The filing states that the night curfew imposed served multiple purposes, including preventing protetors from regrouping, enabling security forces to conduct nighttime operations without witnesses, facilitating secret disposal of bodies and instilling fear in the general population.

It is said that throughout the massacre, government officials engaged in systematic denial and disinformation.

President Samia on November 1, as she was sworn into office, justified the security crackdown, claiming he protestors were criminals attempting to overthrow the government and that security forces acted with restraint.

Simultaneously, authorities prevented independent investigations. Journalists attempting to document the violence were arrested or had equipment confiscated. 

Human rights organizations attempting to investigate were denied access to hospital morgues and detention facilities. International observers and UN officials requesting to be given access to affected areas were rebuffed. 

They have based their submissions primarily on evidence collected and a report filed by Intel Watch, human nrights groups and witness accounts.

The 82-page report further details more killings that happened during former President John Joseph Magufuli’s reign.