Lesotho: Human rights record

Updated 2002

The Kingdom of Lesotho has attracted criticism from international and domestic observers for illegal detentions, political trials, torture and extortion. On occasion the government has responded to appeals, but has done little to redress the condition of alleged September 1998 mutineers held in preventive custody or to ensure the independence and impartiality of their trial proceedings.

Rule of law

In Lesotho Government institutions and the rule of law remain weak. The courts are overburdened and ineffective, while judicial staff members are underpaid. In the past the judiciary has been subject to government influence and direction. In January 1999 lawyers of alleged mutineers complained that judicial independence had been compromised through undue influence and control from the government.

Concerns remain about the independence, impartiality and fairness of the court-martials and appeal processes available to soldiers convicted of mutiny in September 1998. Opposition leaders have alleged that the Government has engaged in political victimisation of offenders involved in the 1998 crisis, while lawyers remained concerned that alleged police mutineers arrested in February 1997 continued to be held in preventive custody as late as 1999.

Due to financial constraints there is no system to ensure the provision of public defenders to those charged with criminal offences. Thus the great majority of those charged do not have access to any form of legal counselling.

Arbitrary arrest

The law provides that if the prescribed period for an investigation has expired the detainee in question must be released. In practice, however, this law is often ignored and a large backlog of prisoners awaiting trial exists. During the 1998 constitutional and political crisis several instances of arbitrary and unlawful arrest of civilians occurred.

Capital punishment, torture and inhuman or degrading treatment

The Kingdom of Lesotho is not a signatory to the Second Optional Protocol to the International Covenant on Civil and Political Rights which aims at the abolition of the death penalty. Therefore capital punishment is applied to a wide range of offences.

The Constitution expressly prohibits torture or inhuman or degrading punishment or other treatment, and the Government generally respects these provisions. Nevertheless there have been reports of excessive use of force, torture and ill treatment by law enforcement agencies in the context of criminal investigations. According to opposition leaders and defence lawyers the soldiers accused of mutiny were tortured by government and prison officials, although evidence to support such allegations was not provided.

As of December 2000 there were new reports of excessive use of force against soldiers and against a local resident charged with various criminal offences. Noting with concern the abuse of force by Lesotho's police and security forces with apparent impunity, the Human Rights Committee, during its Sixty-fifth session on 1 April 1999, nonetheless commended the Government's ability to bring the perpetrators to justice (Human Rights Committee Sixty-Fifth Session 1999).

Prison conditions

Prison conditions are harsh and often life-threatening due to overcrowding, lack of ventilation and light, proper bedding and inadequate sanitary conditions. As a result a number of detainees were reported as suffering health problems. There are long delays in trials due to serious backlogs in the court caseloads.

On 21 January 1999 Amnesty International raised concerns about the inhumane conditions under which 50 soldiers have been kept at a Maximum Security Prison in the capital, Maseru (Amnesty International 1999).

References

AMNESTY INTERNATIONAL 1999 "Public Statement: Lesotho Inhumane prison conditions for 50 soldiers facing court-martial", New Service, January 21.

HUMAN RIGHTS COMMITTEE SIXTY-FIFTH SESSION 1999, "Delegation of Lesotho Answers Questions Relating to Harassment of Journalists, Prosecution of Minors and Capital and Corporal Punishment", 1744th Meeting, 1 April.