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