THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA Malefane & Others v Letseng Diamonds 43. There has also been numerous reports of torture of members of the Lesotho Defence Force (LDF) by other LDF officials accused of civil and military offences as well as torture of members of the public by LDF officers during internal order operations. Cases of military torture are illustrated in table A3 below. Table A3: Torture cases within the LDF Case Facts Ruling Jobo & Others v Commander Applicants were wives of The Court held that where LDF & Others members of the LDF who serving soldiers are CIV/APN/189/194/198/203/2005 were arrested and detained arrested under section 86 of on suspicion of mutiny. the LDF Act , regardless of They lodged harbeas copus their rank, no one has the applications for release of right or authority to order production of the bodies of such soldiers to be tortured their husbands in court. or They had not o be been inhuman subjected or informed of their arrest and punishment to degrading or other alleged that their husbands treatment. The Court held had been kidnaped. further that such treatment Pursuant to the harbeas is not attenuated by section copus orders, the detained 24 of the Constitution, soldiers were brought to which states that the right to court handcuffed, feet in freedom from torture and 21

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