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 before Court, the assault led to deterioration of his physical and mental health as a result of which he underwent medical review for over five years. 44. The arrest, detention and torture of members of the LDF beginning May 2015 as illustrated in the case of Jobo & Others v Commander LDF & others in table A3 above led to killing of the commander of LDF Lieutenant General Maaparankoe Mahao on 25 June 2015. This killing led to the SADC’s intervention and establishment of the Commission of Enquiry into the Lieutenant’s death and circumstances surrounding it. The Commission also noted its report that according to information brought before it, the detained soldiers had been subjected to torture.23 Challenges 45. The main challenge with regard to criminalisation of torture in Lesotho is that there is no specific anti-torture law except that sections 94 and 95 of the Penal Code Act proscribe torture committed as part of war crimes or crimes against humanity. As a result, officials who are implicated in cases of torture are seldom prosecuted and where they are, they are prosecuted under the Penal Code Act for offences such assault, or murder where the torture has resulted in the death of a victim. 46. Despite trainings to discourage police officers to use torture as an interrogation tool, prevalence of torture in Lesotho is high. There is a huge number of cases of torture 23 SADC Commission of Enquiry Report 23

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