Human rights defenders in Zimbabwe have condemned the arrest of two human rights lawyers on Monday in Harare while providing legal aid to two Citizens Coalition for Change (CCC) members who were recently abducted and tortured.
Doug Coltart and Tawanda Muchineripi, who had been dispatched by the Zimbabwe Lawyers for Human Rights (ZLHR), were charged with obstructing the course of justice and detained overnight.
They were arrested at a private Harare hospital while attending to CCC Glen Norah Ward 27 councillor Womberaiishe Nhende and colleague Sanele Mkuhlani, who were tortured last week by suspected state operatives.
The lawyers were arrested after arguing with police that their clients were not yet in a position to provide statements due to their well-being.
The arrests come a few hours after President Emmerson Mnangagwa was sworn in for his second term, during which he promised to uphold democracy, good governance, and the rule of law.
David Coltart, who is Doug’s father, described the arrests as “yet another outrage.”
“Human rights lawyers Tapiwa Muchineripi and Doug Coltart are currently in detention in Harare. They were arrested whilst representing two seriously injured torture victims being treated in hospital,” said the senior Coltart.
Amnesty International Zimbabwe also “strongly” condemned what it described as an arbitrary arrest and detention of Coltart and Muchineripi by police over the weekend for supporting an opposition-elected councillor and colleague who were abducted and tortured.
“Authorities must make sure that lawyers are able to perform all of their functions without intimidation, hindrance, harassment or improper interference. Lawyers should not be identified with their clients or their clients’ causes as a result of discharging their functions,” said the organisation in a statement.
Prior to the arrest of the lawyers, Amnesty International published a statement denouncing the kidnapping and cruel assault on the elected Ward 27 Harare councillor and his colleague.
According to the CCC, Nhende and Mkuhlani were taken on September 3, 2023, near Selbourne Routledge School in Belvedere by suspected state agents driving in a Toyota Fortuner and a silver Toyota Belta.
They were tortured and then dumped in Mapinga, on Harare’s outskirts.
ZLHR Executive Director Roselyn Hanzi said linking a lawyer with the cause of their client must be strongly denounced because lawyers have the right to free expression, belief association, and assembly.
“Rule of law, not rule by law. Respect the rule of Just Law. UN Basic Principles on the Role of Lawyers state: – Lawyers shall not be identified with the client’s cause;” she said.
“Authorities shall safeguard the security of lawyers when under threat; – Lawyers shall not be identified with the client’s cause; – Authorities shall safeguard the security of lawyers when under threat; – Lawyers shall not be threatened with prosecution, economic or admin sanctions.”
Hanzi also added that everyone has a right to legal representation.
