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 Brexit elite want to make trade great again – but there’s a catch

The most likely trade partners will want something in return. And it could be awkward. 

Make trade great again! That's an often overlooked priority of Britain's Brexit elite, who believe that by freeing the United Kingdom from the desiccated hand of the European bureaucracy they can strike trade deals with the rest of the world.

That's why Liam Fox, the Trade Secretary, is feeling particularly proud of himself this morning, and has written an article for the Telegraph about all the deals that he is doing the preparatory work for. "Britain embarks on trade crusade" is that paper's splash.

The informal talks involve Norway, New Zealand, and the Gulf Cooperation Council, a political and economic alliance of Middle Eastern countries, including Kuwait, the UAE and our friends the Saudis.

Elsewhere, much symbolic importance has been added to a quick deal with the United States, with Theresa May saying that we were "front of the queue" with President-Elect Donald Trump in her speech this week. 

As far as Trump is concerned, the incoming administration seems to see it differently: Wilbur Ross, his Commerce Secretary, yesterday told Congress that the first priority is to re-negotiate the Nafta deal with their nearest neighbours, Canada and Mexico.

In terms of judging whether or not Brexit is a success or not, let's be clear: if the metric for success is striking a trade deal with a Trump administration that believes that every trade deal the United States has struck has been too good on the other party to the deal, Brexit will be a failure.

There is much more potential for a genuine post-Brexit deal with the other nations of the English-speaking world. But there's something to watch here, too: there is plenty of scope for trade deals with the emerging powers in the Brics - Brazil, India, etc. etc.

But what there isn't is scope for a deal that won't involve the handing out of many more visas to those countries, particularly India, than we do currently.

Downing Street sees the success of Brexit on hinging on trade and immigration. But political success on the latter may hobble any hope of making a decent go of the former. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.