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 Legislative measures 39. Section 7 of the Labour Code Order of 1992 provides that any person who exacts or imposes forced labour or causes or permits forced labour to be exacted or imposed for his or her own benefit or the benefit of any other private individual, association or other such body shall be guilty of an offence. 40. Section 228 of the CP& E provides for exclusion of evidence induced by torture from the criminal proceedings. This section was interpreted by the Lesotho Court of Appeal in the case of Mabope and Others v Rex.19 In this case, the Court held that a pointing out, done consequent to torture of the person who makes it, is not free and voluntary and therefore inadmissible as evidence to prove commission of a criminal offence.20 Administrative measures for prohibition of torture and slavery 41. Section 10 of the LMPS Service Charter provides that, law enforcement officials shall not inflict, instigate or tolerate any act of torture or other cruel, or degrading treatment or punishment in any circumstances and shall refuse to obey any order to do so. Judicial measures 42. The judicial measures adopted with regard to torture are that the Courts of Lesotho have excluded from criminal trials, evidence which has been obtained through torture. They have also provided judicial redress to victims of torture. These measures are illustrated in court cases arranged in tables A2 and A3 below. Table A2: Cases of police torture before the High Court Case 19 20 Facts Ruling Malefetsane Phala Mabope and Others v Rex 1993/1994 Lesotho Law Reports 154. As above. 17