M2m commission to probe LCS torture

‘Mantšali Phakoana

A commission of inquiry established to investigate the circumstances surrounding the alleged torture and escape of inmates during a search exercise at the Maseru Central Facility in December last year will cost government over M2million.

The minister of law and justice, Richard Ramoeletsi, confirmed the two-month probe at a press conference this week.

The commission comprises High Court judge Realeboha Mathaba and other two commissioners; former deputy prime minister and a human rights lawyer Advocate Kelebone Maope, as well as former commissioner of the Lesotho Correctional Service (LCS) Mojalefa Thulo. It commenced groundwork operations on Monday and its tenure will be extended if need be.

The commission was established through Legal Notice No.26 of 2024 published on April 5, 2024 and mounted pursuant to section 3 (1) of the Public Enquiries Act, 1994.

According to the gazette, the commission was set up to investigate, appraise and evaluate the circumstances that led to escape of inmates at the Maseru Central Facility on December 21, 2023.

The commissioners in exercise of their duties will enjoy the same protection, privileges and immunity as those of judges of the High Court.

The body is also charged with enquiring and determining circumstances surrounding the escape of inmates, as well as examining, appraising and evaluating security measures within the LCS.

It will also investigate the operations undertaken by members of the LCS after the escape of the inmates.

The commission is further expected to investigate and determine circumstances that led to the use of force during the search operation and also consider the report of the Ombudsman and of the commissioner of LCS and any other documents relevant to the inquiry.

The commission’s establishment follows the Ombudsman’s “own initiative” investigations into what led to excessive use of force by correctional warders and an internal commission set up by the commissioner of LCS earlier this year.

In her report, the Ombudsman, Advocate Tlotliso Polaki revealed that at least 650 inmates were searched by 114 LCS recruits after six inmates were reported to have escaped from the maximum block in Central Prison in December last year.

Adv Polaki noted that the incident resulted in severe injury of some inmates; one inmate died in the process.

Investigations by her office further revealed that about 40 officers participated in the torture of inmates during a routine search operation on December 21, 2023.

Adv Polaki also indicated that the inmates were treated and approached in a very provocative way.

Part of her report reads: “I witnessed officers inciting an aggressive response through their provocative behaviour. One officer was grabbing inmates by their t-shirts at the back, pulling them backwards and forcing them to squat with both hands raised above their heads.

“The assaults committed by LCS Correctional officers on inmates are serious crimes which are not necessarily only against the inmates themselves, but against the justice system as a whole.

“We do expect as the public, a high standard of care and conduct on their part and any form of abuse and excessive force should not be tolerated anyhow,” Adv Polaki added.

Ramoeletsi indicated that only the recommendations of the commission will be implemented after it has submitted its report. According to the minister, the Ombudsman’s investigations did not go in-depth on the matter.

He noted that upon completion of its investigations, the commission is expected to submit its finding and recommendations to prime minister Sam Matekane, who will then have to implement.

“The Ombudsman only recommends and does not make orders like the commission is gazetted to. As a result, the only recommendations that will be binding are of the commission.

“For security purposes of the witnesses as well as in a way to save travelling expenses, the commission proceedings will be held at the Maseru Central Facility. Proceedings will be open to the public, unless the commissioners decide otherwise, especially when it comes to sensitive matters,” he pointed out.

Ramoeletsi added that the government’s appointment of the commissioners was based on their expertise in human rights issues.

“Justice Mathaba is already a judge, Advocate Maope is still enjoying his benefits as former deputy prime minister such as vehicle. That means the government will not have to incur more expenses, while the other commissioners will only qualify for such benefits,” Ramoeletsi noted.