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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