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 several cases in which relatives sought orders for the Court to direct that the whereabouts of their relatives be disclosed either by the police or the army and that they be produced in court whether dead or alive some of which are illustrated in the table below. Table A4: Right to liberty cases Case Jobo Remedy sought & Others Commander LDF Result v Harbeas corpus & solders who Others of Soldiers brought to court and an had explanation given that they had been allegedly been arrested on suspicion of having kidnapped by member committed mutiny of military intelligence Mamphanya Mahao v Harbeas corpus Explanation given that the Applicant’s Commander husband had been killed in a crossfire LDF & Others during his arrest for alleged mutiny Khetheng v Harbeas Commissioner of relation Police & Others corpus to a in In 2016 the COMPOL responded that police the Applicant’s son had been released. officer who was last A year later his body was exhumed from seen in police custody a mass grave meant for unknown corpses and high ranking police officers and a former minister of defence were arrested and charged with his murder Commander Defence Lesotho Close Arrest in relation The Court of Appeal upheld a decision Force and to a soldier who of Others v Mareka (C OF the High Court to place the Respondent under close arrest, as an alternative to being detained citing the jurisdiction of the court to interfere with 28

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