Amnesty International Report 2015/16 - Lesotho

Kingdom of Lesotho
Head of state: King Letsie III
Head of government: Pakalitha Mosisili (replaced Thomas Motsoahae Thabane in March)

Political instability persisted following an attempted coup in 2014. Tension within the armed forces resulted in the killing of the former Lesotho Defence Force (LDF) commander, Lieutenant-General Maaparankoe Mahao, in June. At least 23 soldiers were arrested in May, accused of leading a mutiny. They remained in detention and were allegedly tortured.

BACKGROUND

More than half the population live below the poverty line and persistent droughts, flooding and early frosts have led to low agricultural productivity in recent years. Lesotho's economy is largely dependent on textile manufacturing, income from the Southern African Customs Union (SACU), diamond mining, and remittances from miners in South Africa. The country faces food insecurity exacerbated by weather-related shocks, widespread chronic malnutrition and the second highest rate of HIV and AIDS in the world. The worsening food deficit, as well as the growing retrenchment of Lesotho nationals working in countries such as South Africa, exacerbated household poverty in Lesotho.

General elections on 28 February failed to produce a clear winner. A coalition government was formed by Prime Minister Pakalitha Mosisili's Democratic Congress and six other political parties. The Southern African Development Community (SADC) continued to mediate between the country's political rivals in order to de-escalate tension between the military and the police, tension that had its roots in the politicization of the security sector.

EXTRAJUDICIAL EXECUTIONS

On 25 June, former LDF head Lieutenant-General Maaparankoe Mahao was shot dead in Maseru by soldiers seeking to arrest him for allegedly plotting to lead a rebellion in the army. Maaparankoe Mahao had been dismissed from the LDF on 21 May. He challenged his dismissal in court in June, shortly before his killing, arguing that it was illegal. The government claimed that Maaparankoe Mahao had resisted arrest, but his family disputed this, insisting his killing was a carefully planned assassination by former army colleagues.

A 10-member SADC Commission of Inquiry led by Justice Mpaphi Phumaphi of Botswana was set up on 3 July to investigate security-related issues facing Lesotho, including the killing of Maaparankoe Mahao. The Commission concluded its work prematurely on 23 October due to the lack of co-operation by the government and the LDF.

TORTURE AND OTHER ILL-TREATMENT

Some LDF members fled to South Africa after being harassed and threatened because of their perceived loyalty to the former army chief.

At least 23 soldiers thought to be loyal to Maaparankoe Mahao were detained at Maseru Maximum Security Prison in May. They were charged with sedition and mutiny, charges that carry the death penalty. They appeared before a court-martial on 5 October, but the court-martial was then suspended to allow the SADC Commission to carry out its work. The 23 remained in detention and were allegedly tortured.

The soldiers challenged their detention and the composition of the court-martial in the Maseru High Court. On 5 October, the High Court ordered the release of the 23 soldiers on "open arrest", a form of military bail, to enable them to participate in the SADC Commission of Inquiry. The LDF failed to comply with the court order to release all the soldiers. Only five soldiers were released by early December on "open arrest", with their movements being monitored. The court-martial resumed on 1 December but it was later adjourned until 1 February 2016.

POLICE AND SECURITY FORCES

Members of the armed forces obstructed police investigations into a number of high profile criminal cases from 2014 and 2015 linked to politicized divisions within the armed forces. These included attacks on the homes of senior politicians, political killings and abductions.

On 17 August, former police commissioner Khothatso Tšooana was compelled by the government to take early retirement. He was accused of incompetence, and of polarizing and politicizing the Lesotho Mounted Police Service.

FREEDOM OF EXPRESSION

Members of political elites and the army continued to interfere with the broadcast media. Journalists were subjected to harassment and intimidation by political and security authorities. There was no progress in the case of Lloyd Mutungamiri, editor of the Lesotho Times, who was charged with criminal defamation in September 2014 for reporting on police corruption.

DEATH PENALTY

Lesotho retained the death penalty under Statutory Law as a form of punishment. The country achieved 20 years without carrying out any executions, becoming abolitionist in practice.

INTERNATIONAL SCRUTINY

In January Lesotho's human rights record was examined under the UPR. Plans to set up a Human Rights Commission, as recommended during the UPR, progressed during 2015.