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The International Bar Association’s Human Rights Institute (IBAHRI) and Lawyers for Lawyers (L4L) <a href="https://www.lawsociety.ie/gazette/top-stories/2024/february/ibahri-notes-dropped-charges-again-zimbabwe-lawyers">have welcomed</a> the decision of the National Prosecution Authority of Zimbabwe (NPAZ) to drop charges brought against two human rights lawyers, Douglas Coltart and Tapiwa Muchineripi.
Coltart and Muchineripi were arrested on 4 September 2023 and charged with obstructing the course of justice and impeding the police from discharging their professional duty.
The two lawyers were accused of blocking police from questioning their clients, Womberaishe Nhende and Sanele Mkhuhlani, who are members of the opposition political party Citizens Coalition for Change (CCC).
Nhende and Mkhuhlani were hospitalised after being abducted and tortured by state agents.
On 26 January, NPAZ withdrew the charges against the two lawyers due to a lack of evidence to sustain the prosecution.
The IBAHRI and L4L welcomed the decision by NPAZ but expressed concern over the ongoing pressure on Zimbabwe’s legal profession, as evidenced most recently by the intimidation and harassment of human rights lawyer Harrison Nkomo.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

IBAHRI Welcomes Withdrawal Of Charges Against Zimbabwean Human Rights Lawyers

Rights groups in Zimbabwe have expressed concern over the recent arrests of two human rights lawyers, Douglas Coltart and Tapiwa Muchineripi, on Monday night. They were arrested after requesting that the police refrain from interviewing their clients, who were hospitalized. The clients, Womberaishe Nhende and Sonele Mukhuhlani, opposition activists from Citizens Coalition for Change, claimed to have been abducted, tortured, and drugged on Saturday by individuals they believed to be state agents. The arrests have raised alarm about the protection of human rights and the treatment of activists in Zimbabwe.
Jeremiah Bamu, a representative of Zimbabwe Lawyers for Human Rights, told reporters outside Harare Magistrates Court on September 5, 2023, that the arrests were a clear assault on the legal profession’s independence. He said:
<blockquote>
Their arrest amounts to criminalization of their profession. All they did was to convey advice that they had received from medical personnel about the medical condition of their clients and their ability to withstand police interviews. And because of that simple conveyance of information and representation of their clients, they have been arrested, and they are now placed on remand.
That is a direct attack on the independence of the profession and is a move that is calculated at making lawyers fail to exercise their functions.
</blockquote>
Bamu stated that Coltart and Muchineripi, who were granted $100 bail each, will return to court on October 20 to assess the validity of the charges brought against them, which involve obstructing or impeding the course of justice.
Lucia Masuka, the executive director of Amnesty International in Zimbabwe, emphasised that individuals should not face prosecution solely for exercising their human rights, including the right to provide legal representation for those who have been arrested. Masuka said:
<blockquote>
Everyone, regardless of their political affiliation, should be able to freely participate in peaceful activism without fear of abduction or harm. The Zimbabwean authorities must immediately stop issuing inflammatory statements that could incite attacks against political activists, human rights defenders and other people.
</blockquote>
Masuka further stated that it is crucial for authorities to guarantee a peaceful environment after elections by fully respecting, protecting, and ensuring the rights to freedom of peaceful assembly, association, and expression.
The arrest of the lawyers took place on the same day that President Emmerson Mnangagwa was inaugurated for his second term, pledging to uphold the constitution. Mnangagwa expressed his commitment to democracy, good governance, the rule of law, and political tolerance under his leadership and the new ZANU PF government. However, the Zimbabwean government has faced persistent accusations of intolerance and disregard for the rule of law since the country gained independence in 1980.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Human Rights Groups Express Concern Over The Arrest Of Douglas Coltart And Tapiwa Muchineripi

Zimbabwe Lawyers for Human Rights (ZLHR) have expressed their concern regarding the recent arrest of two human rights lawyers, Tapiwa Muchineripi and Douglas Coltart. The arrests took place on September 4th, 2023, and the lawyers have been charged with allegedly obstructing or impeding the course of justice while carrying out their professional duties.
The lawyers were accused of preventing certain officers from the Zimbabwe Republic Police (ZRP) from conducting interviews with Womberailshe Nhende, the Councillor-Elect for Ward 26 in Glen Norah suburb in Harare, and Sanele Mukhuhlani, who are believed to be victims of kidnapping and Malicious Damage to Property. These individuals were receiving medical treatment at a local healthcare facility. Read the statement:
<blockquote>
<h3>ZLHR CONDEMNS ARREST OF HUMAN RIGHTS LAWYERS</h3>
ZIMBABWE Lawyers for Human Rights (ZLHR) is extremely concerned about the arrest of legal practitioners waged by Zimbabwean authorities, who arrested two human rights lawyers and charged them for allegedly defeating or obstructing the course of justice, while executing their professional duties. 
Zimbabwe Republic Police (ZRP) officers on Monday 4 September 2023 arrested Tapiwa Muchineripi and Douglas Coltart, who are members of Zimbabwe Lawyers for Human Rights, and charged them with defeating or obstructing the course of justice as defined in section 184 of the Criminal Law (Codification and Reform) Act. 
ZRP officers alleged that Muchineripi and Coltart obstructed some ZRP officers from having access to interview Womberailshe Nhende, the Councillor-Elect for Ward 26 in Glen Norah suburb in Harare and Sanele Mukhuhlani, who are victims of suspected kidnapping and Malicious Damage to Property, who were admitted at a local medical facility. 
ZLHR strongly condemns the persecution of Muchineripi and Coltart, and view this as a deliberate and coordinated effort by ZRP officers to impede legal practitioners from undertaking their professional duties. This conduct by ZRP officers is a clear departure from the Constitution, which enshrines the right of citizens to be represented by legal practitioners of their choice and the right by lawyers to practice their trade.
ZLHR believes that this gross encroachment by ZRP officers has the effect of undermining the rule of law and is aimed at creating a climate of fear among legal practitioners representing perceived opponents of the state.
ZLHR recalls the United Nations (UN) Basic Principles on the Role of Lawyers which requires governments to ensure that lawyers are able to perform their professional functions without improper interference.
The actions of ZRP officers violate the fundamental guarantee, contained in the United Nations Basic Principles on the Role of Lawyers which provide that lawyers shall not be identified with their clients or their clients’ causes.
The United Nations Basic Principles on the Role of Lawyers require Zimbabwean authorities to ensure that lawyers should perform their professional functions without harassment, intimidation, hindrance, interference and should not be subjected to or threatened with prosecution or administrative, economic or other sanctions for merely performing their professional tasks. 
While discharging their legibmate exercise of their noble profession, lawyers must be considered as officers of the court and aides to the administration of justice, who should be entitled to due courtesy and respect. Subjecting legal practitioners to arrests, detention, and prosecuting them ironically on charges of obstruction of justice shows how Is enforcement agents have disregarded the role of lawyers in the administration of justice.
Therefore, ZLHR calls upon Zimbabwean authorities to:
• Enable lawyers to carry out their professional duties safely and independently, and protect them against intimidation, threats and reprisals;
• Take all necessary measures to guarantee the physical safety and security of legal practitioners; 
• Cease all acts of harassment against legal practitioners. 
• Guarantee in all circumstances that legal practitioners will be able to carry out their legitimate professional duties without fear of being arrested.
</blockquote>
Yesterday, ZLHR lawyer Alec Muchadehama successfully secured the release of the two lawyers. Harare Magistrate Dennis Mangosi granted them bail of USD100 and instructed them to report to the Law and Order section at Harare Central Police Station once a week.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

ZLHR Concerned About Arrest Of Human Rights Lawyers Tapiwa Muchineripi And Douglas Coltart

The Zimbabwe Republic Police (ZRP) has announced that lawyers Douglas Coltart and Tapiwa Muchineripi were arrested for obstructing the course of justice. The police statement comes amid reports that the two lawyers interfered with the investigation by preventing police officers from interviewing potential state witnesses who were being treated in a hospital while under sedation. 
In a statement seen by Pindula News, police national spokesperson, Assistant Commissioner Paul Nyathi said lawyers must assist and cooperate with investigations to ensure the smooth maintenance of law and order in the country. He said:
<blockquote>
<h3>ARREST OF DOUGLAS COLTART AND TAPIWA MUCHINERIPI FOR DEFEATING OR OBSTRUCTING COURSE OF JUSTICE</h3>
The Zimbabwe Republic Police reports that Douglas James Coltart (32) and Tapiwa Muchineripi (49) were arrested on 4th September 2023 for contravening section 184 (1) (e) of the Criminal Law (Codification and Reform) Act Chapter 9:23, Defeating or obstructing course of justice.
This is in relation to on-going criminal investigation where a report was made at ZRP Milton Park and the suspects stopped police officers from interviewing potential state witnesses.
The police urges lawyers to assist and cooperate with investigations for the maintenance of law and order in the country to be done smoothly without any hindrance.
</blockquote>
<h3>Some Context:</h3>
The arrested lawyers were protecting two Citizens Coalition for Change (CCC) activists, Councillor Womberaishe Nhende and Sonele Mukhuhlani, who according to the party, had been abducted, drugged, and subjected to torture by suspected state agents and left for dead. CCC’s former spokesperson, advocate Fadzayi Mahere said Nhende and Mukhuhlani were later taken to the hospital for treatment. However, when the police arrived at the hospital and requested to see the activists, their lawyers, Coltart and Muchineripi, declined due to their fragile mental and physical state.
The CCC asserts that the lawyers were falsely charged with obstructing justice after informing the police about their inability to interview the activists due to their current condition. The party strongly condemns the ongoing mistreatment of innocent citizens and lawyers by the Harare regime.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Nyathi Says Lawyers Coltart And Muchineripi Were Arrested For Obstructing The Course Of Justice

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