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
Malefane
&
Others
v
Letseng Diamonds
43. There has also been numerous reports of torture of members of the Lesotho Defence
Force (LDF) by other LDF officials accused of civil and military offences as well as torture
of members of the public by LDF officers during internal order operations. Cases of military
torture are illustrated in table A3 below.
Table A3: Torture cases within the LDF
Case
Facts
Ruling
Jobo & Others v Commander Applicants were wives of The Court held that where
LDF
&
Others members of the LDF who serving
soldiers
are
CIV/APN/189/194/198/203/2005 were arrested and detained arrested under section 86 of
on suspicion of mutiny. the LDF Act , regardless of
They lodged harbeas copus their rank, no one has the
applications for release of right or authority to order
production of the bodies of such soldiers to be tortured
their husbands in court. or
They
had
not
o
be
been inhuman
subjected
or
informed of their arrest and punishment
to
degrading
or
other
alleged that their husbands treatment. The Court held
had
been
kidnaped. further that such treatment
Pursuant to the harbeas is not attenuated by section
copus orders, the detained 24
of
the
Constitution,
soldiers were brought to which states that the right to
court handcuffed, feet in freedom from torture and
21