The arrest of lawyer Beatrice Mtetwa - a new low for lawyers in Zimbabwe

We should remember the price lawyers sometimes pay for the courageous defence of their clients.

As President Robert Mugabe signed Zimbabwe’s new constitution into law last week, the case of lawyer Beatrice Mtetwa should have reminded us of the dangers of political interference in the justice system, as well as the price lawyers sometimes pay for the courageous defence of their clients.

Beatrice, a prominent human rights lawyer and past president of the Zimbabwean Law Society, will stand trial today for “obstructing or defeating the course of justice”. She was arrested in Harare on 17 March after she asked to see the search warrant of police officers who were conducting what she called an “unlawful, unconstitutional, illegal and undemocratic” search of the home of her client, Thabani Mpofu, an aide to Prime Minister Morgan Tsvangirai.

When Beatrice arrived at her client’s home, police were already conducting the search. She was handcuffed and taken to Harare Central police station. Despite a High Court order for her release, she was held in custody for eight nights and was allegedly ill-treated and denied access to her family. The High Court finally released her on bail of £330 after magistrates had initially refused to let her go.

This is just one of a series of incidents Amnesty International has observed in recent months amounting to what the organisation calls a crackdown on human rights defenders. The signing of the new constitution paves the way for presidential elections later this year and there are concerns that this crackdown could be the beginning of a return to the violence and bloodshed that left 200 people dead, 10,000 injured and nearly 30,000 displaced around the last elections in 2008.

When Beatrice was arrested, Amnesty called for her immediate release, as did the Law Society of England and Wales. The Law Society pointed out that the arrest breached United Nations basic principles on the role of lawyers. These require governments to ensure that they can perform their professional functions without intimidation, hindrance, harassment or improper interference. The UN principles call on national authorities to safeguard lawyers whose security is threatened through performing their role, and to ensure that they are not identified with their clients or their clients’ causes as a result.

Law Society chief executive Desmond Hudson said of Beatrice’s case: “This blatant lack of respect for the role of lawyers in the structure of democratic society demonstrates how the rule of law is yet to be fully established in Zimbabwe. [The] arrest marks a new low in relations between the Zimbabwe State and the legal profession.”

The ordeal of Beatrice Mtetwa brings home to us in the UK how lucky we are. Our courtroom battles for justice and human rights for our clients don’t normally bring down reprisals on our heads. That said, the notorious exceptions of lawyers Rosemary Nelson and Patrick Finucane, both assassinated in Northern Ireland as a direct result of their performance of their legal functions amid allegations - confirmed in Finucane’s case - of collusion by the state authorities, warn us how fragile and contingent is the rule of law and the structure of democratic society.

There is evidence that the campaign of the anti-human rights lobby in the UK, which involves tabloid “naming and shaming” of immigration judges who allow deportation appeals by long-resident foreigners on human rights grounds, has dramatically reduced the number of successful appeals.

This lobby also ran a successful campaign to prevent prominent human rights lawyer Ben Emmerson QC becoming a judge at the European Court of Human Rights because he had represented Abu Qatada. And legal aid cuts, new obstacles to judicial review and proposals to award bulk criminal legal aid cases to cut-price contractors, all threaten the rule of law.

We in the UK need to appreciate, protect and defend our independent human rights lawyers and judges and the fabric of justice, even as we express our solidarity and support for beleaguered colleagues such as Beatrice Mtweta.

Frances Webber is a human rights lawyer, author of Borderline justice: the fight for refugee and migrant rights (Pluto, 2012), an honorary vice-president of the Haldane Society and vice-chair of the Institute of Race Relations

Beatrice Mtetwa outside the High Court in Harare in April 2008. Photograph: Getty Images
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The deafening killer - why noise will be the next great pollution scandal

A growing body of evidence shows that noise can have serious health impacts too. 

Our cities are being poisoned by a toxin that surrounds us day and night. It eats away at our brains, hurts our hearts, clutches at our sleep, and gnaws at the quality of our daily lives.

Hardly a silent killer, it gets short shrift compared to the well-publicised terrors of air pollution and sugars food. It is the dull, thumping, stultifying drum-beat of perpetual noise.

The score that accompanies city life is brutal and constant. It disrupts the everyday: The coffee break ruined by the screech of a line of double decker buses braking at the lights. The lawyer’s conference call broken by drilling as she makes her way to the office. The writer’s struggle to find a quiet corner to pen his latest article.

For city-dwellers, it’s all-consuming and impossible to avoid. Construction, traffic, the whirring of machinery, the neighbour’s stereo. Even at home, the beeps and buzzes made by washing machines, fridges, and phones all serve to distract and unsettle.

But the never-ending noisiness of city life is far more than a problem of aesthetics. A growing body of evidence shows that noise can have serious health impacts too. Recent studies have linked noise pollution to hearing loss, sleep deprivation, hypertension, heart disease, brain development, and even increased risk of dementia.

One research team compared families living on different stories of the same building in Manhattan to isolate the impact of noise on health and education. They found children in lower, noisier floors were worse at reading than their higher-up peers, an effect that was most pronounced for children who had lived in the building for longest.

Those studies have been replicated for the impact of aircraft noise with similar results. Not only does noise cause higher blood pressure and worsens quality of sleep, it also stymies pupils trying to concentrate in class.

As with many forms of pollution, the poorest are typically the hardest hit. The worst-off in any city often live by busy roads in poorly-insulated houses or flats, cheek by jowl with packed-in neighbours.

The US Department of Transport recently mapped road and aircraft noise across the United States. Predictably, the loudest areas overlapped with some of the country’s most deprived. Those included the south side of Atlanta and the lowest-income areas of LA and Seattle.

Yet as noise pollution grows in line with road and air traffic and rising urban density, public policy has turned a blind eye.

Council noise response services, formally a 24-hour defence against neighbourly disputes, have fallen victim to local government cuts. Decisions on airport expansion and road development pay scant regard to their audible impact. Political platforms remain silent on the loudest poison.

This is odd at a time when we have never had more tools at our disposal to deal with the issue. Electric Vehicles are practically noise-less, yet noise rarely features in the arguments for their adoption. Just replacing today’s bus fleet would transform city centres; doing the same for taxis and trucks would amount to a revolution.

Vehicles are just the start. Millions were spent on a programme of “Warm Homes”; what about “Quiet Homes”? How did we value the noise impact in the decision to build a third runway at Heathrow, and how do we compensate people now that it’s going ahead?

Construction is a major driver of decibels. Should builders compensate “noise victims” for over-drilling? Or could regulation push equipment manufacturers to find new ways to dampen the sound of their kit?

Of course, none of this addresses the noise pollution we impose on ourselves. The bars and clubs we choose to visit or the music we stick in our ears. Whether pumping dance tracks in spin classes or indie rock in trendy coffee shops, people’s desire to compensate for bad noise out there by playing louder noise in here is hard to control for.

The Clean Air Act of 1956 heralded a new era of city life, one where smog and grime gave way to clear skies and clearer lungs. That fight still goes on today.

But some day, we will turn our attention to our clogged-up airwaves. The decibels will fall. #Twitter will give way to twitter. And every now and again, as we step from our homes into city life, we may just hear the sweetest sound of all. Silence.

Adam Swersky is a councillor in Harrow and is cabinet member for finance. He writes in a personal capacity.