The lawyers were accused of obstructing justice and impeding police duties
The International Bar Association’s Human Rights Institute (IBAHRI) and Lawyers for Lawyers (L4L) have expressed their approval following the Zimbabwean authorities' decision to withdraw charges against two prominent human rights lawyers, Douglas Coltart and Tapiwa Muchineripi.
Coltart and Muchineripi, who are affiliated with the Zimbabwe Lawyers for Human Rights (ZLHR), found themselves under arrest on September 4, 2023, by the Zimbabwe Republic Police (ZRP). They were accused of obstructing justice and impeding police duties, according to charges framed under the Criminal Law (Codification and Reform) Act. Their alleged offence was hindering police from interrogating their clients, members of the opposition Citizens Coalition for Change (CCC), who claimed to have been abducted and tortured by state operatives.
However, on January 26, in a turn of events, the Zimbabwean National Prosecution Authority (ZNPA) decided to drop all charges against Coltart and Muchineripi, citing insufficient evidence to proceed with the prosecution. While this decision has been welcomed by the IBAHRI and L4L, it casts a spotlight on the broader issue of the intimidation and harassment faced by legal professionals in Zimbabwe, according to a report by the International Bar Association. A recent incident involving Harrison Nkomo, another senior ZLHR lawyer, underscored this concern. Nkomo experienced direct threats to his security from police officers while attempting to enter a courtroom, raising serious questions about the safety and independence of lawyers in the country.
These incidents occurred against a backdrop of international concern, with United Nations Special Rapporteurs highlighting the alarming trend of abuses and threats targeting lawyers and human rights defenders, especially in the context of electoral processes. The IBAHRI and L4L underscored the essential role of lawyers in safeguarding human rights and the rule of law, emphasizing the need for their protection from improper interference.
The joint statement from the IBAHRI and L4L calls on Zimbabwean authorities to thoroughly investigate the harassment of lawyers like Nkomo and to ensure that legal professionals can perform their duties without fear of reprisals. It also serves as a reminder of the principles set out in the United Nations Basic Principles on the Role of Lawyers, which advocate for lawyers' rights to freedom of expression, association, and assembly in their professional capacity.
IBAHRI and L4L will continue to monitor the situation closely, advocating for a legal environment in Zimbabwe where lawyers can freely and securely contribute to justice and human rights.
