AFRICA - House Foreign Affairs Committee Democrats

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50 LDF soldiers and 40 civilians allied with the opposition died in fighting with
SADC troops. Fifty-two LDF personnel have been arrested and court-martialed for
mutiny and high treason in connection with these events. In 1999 three of the accused
were acquitted after trial, and charges against another eight were dismissed
upon motion by the Crown. In July three of the accused were convicted and received
sentences ranging from 5 to 13 years’’ imprisonment. One of the accused died of natural
causes unconnected with his incarceration while in prison. During the year, 4
of the accused were acquitted after trial, and in December the remaining 33 were
convicted and sentenced to prison terms ranging from 3 to 13 years.
In March 1999, the Government began investigating the 1994 palace coup and the
alleged involvement of military personnel in the killing of the Deputy Prime Minister;
14 members of the LDF were arrested and charged with involvement in the
killing. Four of the soldiers also are facing courts-martial for their role in the 1998
army mutiny. The trials for the killing of the Deputy Prime Minister have been delayed
until the courts-martial are completed.
b. Disappearance.—There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.—
The Constitution expressly prohibits torture or inhuman or degrading punishment
or other treatment, and the Government generally respects these provisions; however,
there were credible reports that the police at times used excessive force
against detainees.
Prison conditions are poor. Prison facilities are overcrowded and in disrepair. In
1998 Amnesty International representatives visited the LDF soldiers accused of mutiny
being held in the maximum security prison in Maseru and reported that conditions
were poor. In January 1999, the Judge Advocate ordered prison officials to improve
conditions in the cells in which the soldiers were being held; conditions were
improved as a result, and the Judge Advocate did not issue further orders. Women
are housed separately from men, and juveniles are housed separately from adults.
Rape in prison reportedly is not a problem.
Prison conditions were not monitored independently, and there were no visits by
local or international organizations during the year.
d. Arbitrary Arrest, Detention, or Exile.—The Constitution prohibits arbitrary arrest
and detention, and there were no reports of such abuses. During the 1998 crisis,
a number of persons were arrested for arson, looting, and possession of stolen
property and unlawful firearms. Some of the persons searched and arrested were
opposition supporters; however, there was no clear evidence that the authorities exclusively
targeted opposition supporters. The domestic legal and nongovernmental
organization (NGO) communities are concerned that pretrial detainees, such as
those alleged to have been involved in 1998 arson and looting incidents, can be held
for long periods of time before trial; however, efforts have been made to improve the
judicial administration and reduce the backlog of cases. Some persons arrested in
interior districts in January 1999 for looting, arson, and possession of stolen goods
in connection with the 1998 crisis were tried and sentenced to fines or incarceration.
In July a trial judge convicted 25 of the 33 RLMP members arrested in connection
with the January 1997 police mutiny on charges of sedition and contravention of
the 1984 Internal Security Act (ISA) and sentenced them to prison for terms ranging
from 1 to 3 years. In passing the sentences, the trial judge took into account
the 41 months that the defendants had spent in prison prior to convictions, and
their sentences were reduced accordingly. Eight of the convicted RLMP members
were released due to lack of evidence. Eight others also were charged with murder
and kidnaping; although their trials were completed, the trial court had not rendered
a judgment by year’s end.
Pretrial detainees on remand were a significant portion of the prison population.
Because of serious backlogs of the court caseloads, the period of pretrial remand for
some suspects can last months or even years.
In 1997 the Government repealed the provisions of the ISA that allowed for investigative
detention.
The Government does not use forced exile.
e. Denial of Fair Public Trial.—The Constitution provides for an independent judiciary;
however, in the past, magistrates appeared at times to be subject to government
and chieftainship influence. There were no reports of such influence during
the year.
The judiciary consists of the Court of Appeal (which meets semiannually), the
High Court, magistrates courts, and customary or traditional courts, which existed
largely in rural areas to administer customary law.
The High Court also provides procedural and substantive advice and guidance on
matters of law and procedure to military tribunals; however, it does not participate
in arriving at judgments. Military tribunals operating under the 1996 Defense Act
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