Date
Type
30/11/2015
JUA
Case No
Country
Mandate(s)
LSO 1/2015
Lesotho
Arbitrary
detention;
Independence of
judges and
lawyers; Summary
executions;
Torture;
Summary of the allegation transmitted
Reply
Alleged arbitrary arrest, detention, torture and ill-treatment, and unfair trial of at
least 23 members of the Lesotho Defence Force, killing of the former Commander
of the Lesotho Defense Force, as well as on-going threats and attacks against the
independence of the judiciary and lawyers. According to the information received,
in May and June 2015, more than 50 members of the Lesotho Defence Force
(LDF) were arrested on allegations of plotting a mutiny, some were later released
but 23 remained in detention. During the various habeas corpus proceedings that
followed, the detainees described the severe torture and ill-treatment to which they
had allegedly been subjected. During the same proceedings, heavily-armed LDF
guards, largely present around and inside the court, and LDF legal representatives
threatened the detainees’ lawyers and their families and intimidated members of
the judiciary. On 25 June 2015, the former Commander of the LDF, Brigadier
Mahao, was shot and killed by the LDF. In early July 2015, the Southern Africa
Development Community (SADC) established a commission of inquiry to
examine, inter alia, the killing of Brigadier Mahao and the allegations regarding the
mutiny plot. It concluded its work in November, but SADC has yet to pronounce
its views on the report. On 5 October 2015, the High Court declared the 23
soldiers’ continued detention unlawful and ordered their release, yet 21 soldiers
remain in detention to date, and it is alleged that they have been placed in solitary
confinement since mid-October 2015. A court martial that was constituted in
September is expected to resume its work on 2 December 2015.
A/HRC/31/79
163
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