The imperative to incorporate the Convention Against Torture (CAT) into Lesotho's national legislation

The Kingdom of Lesotho is a state party to the UNCAT. It is responsible for domesticating the said treaty. In Lesotho, being a dualist state, international law is not directly applicable. There should be a statute that seeks to bring that treaty home. The tour of other states draws some lessons to derive a formula that can assist the country in domesticating the UNCAT. After a detailed analysis thereof, the paper makes two propositions. Firstly, Lesotho should promulgate the torture-specific legislation. Secondly, the country may choose to amend the existing laws and policies to align them with international human rights principles against torture. The paper also analyzes a plethora of case law in which courts addressed critical questions concerning torture. The exercise is aimed at advancing the argument that, despite the absence of clear anti-torture specific laws, Lesotho courts have developed the formula through the doctrine of precedent, which they follow when awarding damages to persons who have approached the courts claiming to have been tortured. Lesotho courts have referred to international law in interpreting torture and have, on several occasions, frowned upon the perpetrators of the torturous activities, including members of the state. The author makes several recommendations to emphasize the point that Lesotho should domesticate the UNCAT.