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 that person during any visit that he is permitted to make to any part of Lesotho in which, in consequence of any such order, his presence would otherwise be unlawful. 56. The Constitution also provides the following safeguards for protection of arrested and detained persons:  Section 6(2) provides that the arrestee shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention;  Section 6(3) provides that a detained person shall be brought to court within fortyeight (48) hours of his arrest or as soon as is reasonably practicable. Where the detained person is brought to Court after 48 hours, the onus is on the arresting officer to prove that the period is reasonable. Legislative measures 57. The right to liberty is implemented through a number of legislative measures: Part V of the CP&E provides for the processes and procedures of arrest under the law either with or without a warrant. 26 Sections 47 and 100 of the Penal Code Act prohibit unlawful detention and taking of hostages respectively. Speedy Court Trials Act No. 9 of 2002 provides for bringing accused persons promptly before court and also for criminal cases to be heard within a reasonable time. Judicial measures 58. Persons deprived of their liberty and or their relatives have recourse to several remedies including the writ of harbeas corpus. This remedy has been resorted to and upheld in 26 CP&E sections 23 to 38. 27

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