Ombudsman orders probe into inmate’s death

‘Mantšali Phakoana

The Office of the Ombudsman has called on the police to thoroughly investigate circumstances leading to the death of an inmate at the Maseru Central Correctional Institution (MCCI) in December last year following his rearrest by prison officers.

Bokang Tsoako was among six inmates who escaped from the facility on December 21, 2023. They were all later rearrested on different occasions.

Tsoako was allegedly assaulted to death by prison warders a few hours after he was nabbed at an orphanage in Mohalalitoe.

The Ombudsman, Advocate Tlotliso Polaki, in her final investigation report this week said the Lesotho Mounted Police Services (LMPS) should also probe the escape and the alleged torture of nine soldiers awaiting trial in the custody of the Lesotho Correctional Services (LCS).

The report noted that during the rearrest, Tsoako was walking properly and talking, and did not show any health complications.

But a few hours after reaching the correctional institution, he was taken to hospital in a critical condition where he was declared dead upon arrival.

While the LCS alleged that Tsoako had fallen from a ceiling, the Ombudsman’s office established that this information was not factual but misleading.

Adv Polaki said, according to a forensic pathologist examination report, there were bruises and blood clots all over his body, and puncture wounds on both feet.

Investigations by her office revealed that about 40 officers participated in the torture of inmates during a routine search operation on December 22, 2023. The search on 650 inmates was conducted by 114 LCS recruits and one supervisor, she noted.

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

She said video footage showed recruits handling the inmates in a highly provocative fashion.

“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 inmates’ belongings were searched along the corridor and thrown all over,” said added.

Adv Polaki said the police should conduct thorough investigations into Tsoako’s death and the torture of other inmates as this demonstrates a clear violation of human rights.

“I was told by the LCS that Tsoako had fallen to death from a ceiling, but from what his doctor discovered, I was misled by the LCS officials.

“Tsoako’s death was not natural, the bruises and blood clots on his body, and punctures on his feet could not be a result of falling. “His death is not natural and there is need for more investigations to establish what really transpired,” she stated.

Adv Polaki also called for legal action against LCS officers who took part in the torture of Tsoako and the other inmates.

She pointed out that there were no valid reasons to justify the torture and Tsoako’s death, even if he had committed a crime by escaping from prison.

“There is no justification at all. Nothing justifies torture regardless of the crime an inmate has committed. There are legal procedures to be followed,” she emphasized.

Adv Polaki indicated that it was established without doubt that the inmates were beaten by officers unprovoked, slapped and aggressively searched.

They were severely whipped with sjamboks, gumboots and sticks. Most of the beatings occurred in cells without surveillance cameras and covered up by false reporting, she said.

By torturing the inmates, prison warders violated the Nelson Mandela rule that states that no prisoner shall be subjected to inhuman treatment. It also states that all prisoners shall be protected from torture and other cruel, degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification.

The rule adds that all prisoners shall be treated with respect due to their inherent dignity and value as human beings.

Adv Polaki established that it was not only the nine inmates who were severely tortured as reported, but over 300 of the 650 inmates at the facility.

She further concluded that the LCS officers seemed to have come together to report bogus scenarios to justify the abuse.

But evidence gathered by the Ombudsman’s office points to a well-orchestrated plan to torture and ill-treat inmates, mainly targeting members of the Lesotho Defence Force (LDF) who remain incarcerated. The abuse affected other inmates in different cells.

The report noted that there was a shortage of staff at the MCCI, forcing the institution to seek assistance from Correctional Staff Training School (CSTS) to undertake general searches during the festive season. It was during such an operation that the six inmates escaped.

There was also abuse of power, unresponsiveness and a dereliction of duty by some LCS officers who were present at the time the inmates were violated.

Lastly, communication between correctional officers allowing for proper planning, greater participation, limitation of misunderstandings, teamwork and accountability, was lacking.

Adv Polaki said there was violation of inmates’ human rights occasioned by both human and systemic factors.

LCS was also failing to provide adequate medical care to prisoners.

“I further found it unbecoming and highly disrespectful for senior officers of the LCS, namely Deputy Commissioner Tšolo and Senior Assistant Commissioner Matete Mahao, both heading the security division of the LCS, to have issued a directive to their junior officers, in this case, Senior Superintendent ‘Molaoa, in my presence, that the Ombudsman should be denied access to and be precluded from watching the video footage on demand.

“I found this was an attempt to interfere with, and obstruct the Ombudsman’s investigation, which is a violation of section 20 (d) of the Ombudsman Act,” she said.

She also blasted the LCS senior security commissioners for initially adopting a defensive stance, particularly regarding the disclosure and review by her office, of CCTV footage that confirmed that correctional officers had engaged in brutal assaults on inmates and used excessive force.

“It is concerning that we have a gang of correctional officers entrusted in protecting inmates, who are alleged to have directed profane and derogatory language at inmates showing little regard for them.

“The tacit acquiescence of senior officers (who were present at the time) to inmates administered abuse and punishment together with the alarming level of use of force directed at the inmate is telling of the culture within correctional facilities.

“Officers’ undesirable behaviour seems to be a pattern . . . forgetting all the things that they learnt at correctional training school instead of following widely accepted procedures. It is unacceptable to have officers cover up abuse, taunt, torment, abuse, beat and torture inmates in the manner they did,” Adv Polaki warned.

Sebilo Sebilo (39), Nthathakane Motanyane (30), Litekanyo Nyakane (43), Makhoali Mahlomola (38), Lehloenya Matete (33), Sentle Sihle Sekantši (41), Molungoa Khatala, Tseko Lesoli (31) and Teboho ‘Musa (32) are some of the victims of torture.

The Ombudsman’s office investigation team carried out about 40 interviews with senior officers and management, including the LCS Commissioner, Deputy Commissioner, Assistant Commissioners, institution’s superintendents, healthcare professionals, correctional officers, security officers, commandant, management, recruit officers at the CSTS, and inmates.