19/02/2016 JUA 19/02/2016 JAL Case No Country Mandate(s) Summary of the allegation transmitted LSO 1/2016 Lesotho Independence of judges and lawyers; Summary executions; Torture; Alleged arbitrary arrest of, charges and serious threats against a lawyer representing members of the Lesotho Defence Force accused of plotting a mutiny. According to the information received, Mr. Kgotso Nthontho, a prominent lawyer representing three members of the Lesotho Defence Force (LDF) accused of plotting a mutiny, was arrested on 12 February 2016. The charges against him reportedly relate to alleged perjury and appear to be directly related to his efforts in challenging the detention of his clients. Mr. Nthontho was released on the same day after the High Court had ordered his immediate and unconditional release. Mr. Nthontho had previously been directly threatened in court by members of the LDF; he had also been followed and monitored and his name, together with the names of other lawyers representing soldiers detained on mutiny charges, had appeared on a ‘hit list’ circulated on social media back in November 2015. His arrest took place in a context of increasing threats and attacks against the independence of the judiciary and lawyers, and decline of the rule of law in Lesotho following the arrest and detention of a number of LDF soldiers and the killing of the former Commander of the LDF, which were the subject of a previous communication sent on 30 November 2015, see A/HRC/31/79, case no. LSO 1/2015. TJK 1/2016 Tajikistan Health; Privacy; Torture; Alleged restrictions to the right to be free from degrading treatment, and the rights to health and privacy in connection with amendments to the “Family Code of the Republic of Tajikistan” and the “Law on State Registration of Acts of Civil Status”. According to the information received, the amendments will require couples to undergo a mandatory medical examination, including HIV testing, prior to registering their marriage. The test results will reportedly be disclosed to both partners. Concern is expressed that the amendments, if applied without respecting consent, confidentiality and necessity requirements, may amount to degrading treatment. Such amendments could also seriously infringe upon the right to the highest attainable standard of physical and mental health and the right to privacy as they undermine informed consent and confidentiality, and could potentially lead to the discrimination of persons living with HIV/AIDS based on their health status. Reply A/HRC/32/53 80 Date Type

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