ICJ monitors mutiny trial in Lesotho

ICJ monitors mutiny trial in Lesotho

The ICJ is monitoring the ongoing trial under court martial of the 23 members of the Lesotho Defence Forces in the case The King vs Brigadier Mareka and 22 Others.

The Court Martial was convened through a government order issued and signed by the Minister of Defence and National Security Hon Tseliso Mokhosi on 13 August 2015.

Under the convening order, Brigadier Mareka and 22 others were generally accused of charges related to planning and or involvement in mutiny and violence.

The convening order also identified the names of the members of the court martial as well as the prosecuting authority at such court martial.

The court martial raises issues around observance of human rights, the rule of law and good governance in Lesotho.

Its significance is reflected in the fact that the Southern African Development Community (SADC), an inter-governmental organization, is also seized with the matter as part of its mandate under the SADC Organ on Politics, Defence and Security Cooperation, and directed the convening of a SADC supported Commission of Inquiry into the issues related to the court martial.

The subsequently-established Commission of Inquiry has completed its work and filed its report with the SADC Organ on Politics, Defence and Security Cooperation and the Prime Minister of Lesotho.

The report is yet to be made public and is planned to be released on the 8th February 2016.

The ICJ will particularly monitor the consistency of the Court Martial trial with international fair trial standards, both in terms of the conduct of proceedings, and the independence and impartiality of the tribunal including in light of the manner of selection of the Court Martial members, in which a number of junior soldiers were promoted in rank in order to justify their presiding in a disciplinary case over their superiors.

In particular the promotion of the President of the Court Martial Major General Letsoela seems to have been done to facilitate that he as a junior officer sits to determine a case involving Brigadier Mareka and another brigadier who ordinarily are his superiors in terms of rank.

The ICJ will also monitor whether the Court Martial and investigative authorities act in accordance with international standards in responding to the credible allegations of human rights violations committed against Brigadier Mareka and 22 others.

The allegations include prolonged incommunicado detention, torture, inhuman and other degrading treatment while in custody, being inhibited from fully consulting with and briefing their legal representatives, and defiance of High Court orders by the Lesotho Defence Forces including that the soldiers should be detained in open prison and not a military detention facility and should not be kept in leg irons.

Contact

Arnold Tsunga, ICJ’s Africa Director, t: +277 16405926 ; e: arnold.tsunga(a)icj.org

LESOTHO-Brig Mareka and 22 Others-News-Web story-2016-ENG (full story in PDF)

Lesotho: the ICJ convened one-day training for female Judges, Magistrates, Lawyers and NGO Human Rights Activists

Lesotho: the ICJ convened one-day training for female Judges, Magistrates, Lawyers and NGO Human Rights Activists

Today, the ICJ convened its training on “Women lawyers making a difference through the Legal Profession” in Maseru. Thirty-five women participated in the event.

In many jurisdictions, men invariably dominate the legal profession and there is a necessity to interrogate the reasons for this.

The advancement of women has not been significant despite the fact that there is equality in numbers in enrolment in law schools.

There have been cited challenges and obstacles that have been raised by women lawyers for this lack of advancement, and these needed to be fully explored in order to adopt concrete recommendations to inform an adequate and effective response to the apparent inequalities.

In order to address this issue within the legal profession in Lesotho, the ICJ collaborated with the Judicial Service Commission and the Lesotho Law Society.

The training brought together 35 women including Chief Justice Majara, Judges, Magistrates, Lawyers and Human Rights Activists from Non-Governmental Organisations.

The main objective of the training was to provide a platform for the participants to engage in robust discussions on the systemic obstacles that affect the ascendancy of women to leadership positions and provide them with an opportunity to introspect and come up with plausible innovative solutions and identify opportunities for change.

Further, the training would address the gender gap in the legal profession and also interrogate possible capacity building initiatives for the participants, which will enable them to effectively advance women’s rights through various advocacy techniques.

In addition, the training also sought to provide an opportunity for the Judicial Service Commission and the Lesotho Law Society for dialogue on improving the situation of women in the legal profession, as well as contributing to the promotion and protection of women’s rights and access to justice.

Concluding Observations, CCPR/C/79/Add.106, 6 April 1999: Lesotho

13. The Committee notes with concern that a sexual relationship between consenting adult partners of the same sex is punishable under law. The Committee recommends that the State party amend the law in this respect. Link to full text of the report: Concluding...
Translate »