Mohloai Mpesi
HUMAN rights organisations have called on the government to establish a commission of inquiry into last week’s “brutal assaults” of inmates by Lesotho Correctional Service (LCS) officers after a prison break at one of its facilities.
Nine soldiers awaiting trial for a host of crimes, and other civilians booked into the maximum wing of the Maseru Central Correctional Institution, were allegedly assaulted by LCS officers on 22 December 2023 after the previous night’s escape by six detainees from the facility.
Four prisoners were later recaptured, one of whom died shortly after he was re-arrested, while two remain on the run. The two still on the run are Bokang Molengoane of Nazareth, Maseru, who was charged with cable theft and Tumelo Mpopo of Ha-Ts’osane, Maseru, who had been arrested for house-breaking. All the six escapees were awaiting trial prisoners.
Two civic organisations, Advocates for the Supremacy of the Constitution and Development for Peace Education (DPE) have come out guns blazing, demanding that the LCS’s “rogue officers” be held accountable for their unbecoming behaviour.
The nine soldiers whose trials are ongoing at the High Court were beaten to a pulp by the LCS officers a day after the prison break. Their legal representatives and family members were subsequently denied entry into the correctional facility prompting them to launch court action.
The nine are Captain Litekanyo Nyakane and Mahlehle Moeletsi, Corporal Marasi ‘Moleli, Lance Corporals Leutsoa Motsieloa, Sebilo Sebilo, Mahlomola Makhoali, Privates Nthathakane Motanyane, Tieho Tikisi and Liphapang Sefako (see story on Page 6).
Their legal representatives had filed an urgent Habeas Corpus application before Justice ‘Mabatsoeneng Hlaele after they could not access them. They were later produced in court with visible injuries on Sunday as per the judge’s order.
It appears the nine soldiers and others were targeted by the LCS officers as they sought to understand how the prison break had occurred.
Advocates for the Supremacy of the Constitution – who also describe themselves as SECTION 2 – described the assaults by the LCS officers as unwarranted and a blatant violation of International Human Rights Conventions that Lesotho had ratified. The organisation urged the government to probe the assaults to establish those behind them and take action against them.
“It is imperative that the government takes swift and decisive action to investigate the allegations of torture within the LCS. A transparent and impartial inquiry must be conducted to identify those responsible and hold them accountable for their actions,” SECTION 2 said.
“Failing to address these serious allegations promptly not only tarnishes the country’s international reputation but also jeopardises the trust and confidence that the citizens place in the justice system.
“In light of these distressing revelations, we call upon the international community, human rights organisations, and relevant stakeholders to closely monitor the situation.
“This reprehensible behaviour not only undermines the principle of human dignity and fundamental rights but also stands in stark contradiction to the international treaties to which Lesotho is a signatory.”
The LCS, as a custodian of justice and the well-being of its inmates, must be held accountable for the condemnable actions of its officers, SECTION 2 said.
“The time for accountability is now, and Lesotho must demonstrate its unwavering commitment to human rights and justice, both domestically and on the international stage.”
Similar sentiments were shared by the Development for Peace Education (DPE) which accused the LCS of violating its governing legislation, the Lesotho Correctional Services Act, 2016, which states that “no torture or any dehumanising treatment can be inflicted on the person in custody of the institution”.
The DPE said the same law ran parallel with Rule 1 of The United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules, which categorically state that “…… all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification.”
“DPE shall raise these issues to the Commissioner and the Minister, continue to engage with families and open communication between them and the authorities, collaborate with civil society organisations and other human rights defenders to persuade government to do what is right.
“Basotho should beyond political divides rise and call for justice. It is expected that government in keeping the promise made by the Minister of Justice and Law on the 10th of December 2023 in Thaba-Tseka at the occasion marking International Human Rights Day shall act with resolve to give all the injured medical attention as a matter of urgency and deal with all other issues raised here and to be later communicated and raised by other activists.”
The DPE’s statement continued: “This is not only a violation of human rights of the people who are defenceless given the conditions to which they have been subjected to by the law. It is an act of torture, dehumanisation, violence, and derogation of mandate by the LCS staff.”
The DPE last month organised a citizens’ dialogue session to discuss the strengthening of governance and justice delivery. The LCS did not attend the dialogue despite being invited. The DPE said the LCS would have immensely gained from the dialogue if it had attended.
