. . . Commissioners recommend
Leemisa Thuseho
THE commission of inquiry investigating the December 2023 escape and torture of inmates, and the killing of one at the Lesotho Correctional Service (LCS) has called for the prosecution of those responsible.
The commission’s chairperson, Justice Realeboha Mathaba, on Friday officially handed over the commission’s report to Prime Minister Sam Matekane at the State House.
Former Deputy Prime Minister Advocate Kelebone Maope KC and former LCS Commissioner, Mojalefa Thulo are part of the commission established in late March 2024 by Premier Matekane.
It was tasked to probe the events of 21 and 22 December 2023, when six inmates escaped from prison, leading to a series of assaults and at least one fatality.
The commission began its work in April 2024 and has now completed its investigation and compiled a report of its findings and recommendations, which is yet to be publicised as the Prime Minister will first review its contents before presenting it to parliament.
It’s release to the public is only expected after parliament, which adjourned sine die a fortnight ago, reconvenes from its winter break.
Without disclosing specific details, Justice Mathaba explained that the commission examined security protocols, resource availability, intelligence operations, challenges faced by staff, inter-officer relationships, and leadership competence.
The main focus remained on the incidents of 21 and 22 December 2023, he said.
Over 88 days the commission heard evidence from 197 non-implicated witnesses and 123 implicated officers.
According to Justice Mathaba, 600 inmates were assaulted on 21 and 22 December 2023.
The violence resulted in the death of Bokang Tsoako, one of the six escapees, who died after he was reportedly tortured by LCS officers following his re-arrest. Another inmate, Tlotliso Bereng, was also severely beaten and is now permanently wheelchair bound.
Justice Mathaba confirmed that the report identifies the officers involved in the re-arrest and subsequent abuse of inmates. He emphasised that those implicated in torture and murder must be held accountable and prosecuted.
“While I cannot go into the full details of the report before it is officially released by the Prime Minister, I can confirm that we have recommended prosecution for those responsible for these offences,” Justice Mathaba said.
“In a constitutional democracy committed to upholding human rights, accountability is essential. To do otherwise would be a disservice to the nation and to those who entrusted us with this responsibility.”
Justice Mathaba explained that the Prime Minister must review the report before making it public.
He noted that the Prime Minister is authorised to remove recommendations that could potentially threaten the security of the Maseru Central Correctional Institution (MCCI).
Justice Mathaba also reassured the public that the investigation and recommendations were conducted impartially, without any external influence.
The judge also gracefully acknowledged that the commission benefitted a lot from Ombudsman Adv. Tlotliso Polaki’s report on the LCS tortures and murders, issued in March 2024, before the inquiry was established.
Their report builds on previous investigations, including those by the Ombudsman.
He said, “The public may recall there was initial denial regarding the assault of inmates by LCS recruits, as highlighted in the ombudsman’s findings. However, our commission has confirmed through testimonies of almost all officers who appeared before us that the inmates were assaulted.”
Adv Polaki’s report on the LCS was aptly titled ‘Own Initiative Investigation Report into Allegations of Torture And Excessive Use Of Force On Inmates At The Maseru Central Correctional Institution On 22 December 2023: “No Justification For The Unjustifiable”’.
She had identified 114 LCS officers whom she said should be prosecuted for their part in the tortures and murder at the prison.
Upon receiving the report, Prime Minister Sam Matekane praised the commission for completing such a challenging assignment. He acknowledged that although the process was lengthy, it was justified due to the complexity and breadth of the issues involved.
“I welcome the report and will take time to review its contents,” Mr Matekane said.
He added that, in accordance with the Public Inquiries Act of 1994, he would “submit the report to both houses of Parliament and instruct the Minister of Law and Justice to implement its recommendations”.
Speaking to the Sunday Express yesterday, Minister of Law and Justice, Rachard Ramoeletsi, expressed relief following the completion of the report.
“I feel much more at ease now that it’s clear justice will be served,” Mr Ramoeletsi told the Sunday Express. “Anyone found guilty of offences will be held accountable.”
He emphasised that inmates are placed in correctional facilities for rehabilitation, not to be abused.
“If inmates escape, there are proper procedures to regain control, Assault, especially to the point of causing death, is unacceptable,” he said.
Mr Ramoeletsi also welcomed the report’s recommendations, although he did not detail them, saying these would help improve the MCCI facility’s management and security.
He noted that while the prime minister has the authority to omit certain recommendations on security grounds, this does not apply to matters involving offences committed by individuals.
“Recommendations that could compromise the facility’s security might be withheld before the report is made public, but those related to torture and killings cannot be removed,” Mr Ramoeletsi said.
Although the report is supposed to be released to the public within 14 days of being submitted to the Prime Minister, Mr Ramoeletsi explained that this deadline could be extended because Parliament is now in recess.
Adv Polaki’s report
The Ombudsman launched an investigation into the torture of prisoners and the death of an inmate following a public outcry over the brutality of LCS officers.
Advocate Polaki said her office had no choice but to look into the events.
Her investigation confirmed that six inmates had escaped from the facility — a day before 114 LCS recruits were scheduled to conduct a routine search.
After the escape, these recruits were called in to help search for the fugitives. While some officers went after the escapees, others interrogated the remaining inmates.
During these interrogations, recruits allegedly assaulted inmates in an attempt to extract information about the breakout.
Although officially still recruits, Adv Polaki said many of the 114 had already been with the LCS for years due to internal policies and had been assigned to the search because of staff shortages.
At the time, MCCI housed about 650 inmates, and about 300 were subjected to beatings — mostly in section that are not under the radar of surveillance cameras.
“It was clearly established that officers assaulted inmates without provocation,” said Adv Polaki’s report, which described the violence as a deliberate plan to torture and mistreat prisoners.
According to Adv Polaki, while the abuse primarily targeted incarcerated members of the Lesotho Defence Force (LDF), other inmates in different cells were also affected.
Many injured inmates were denied medical treatment after the assaults, she said.
Adv Polaki emphasised that correctional officers and police wield significant power over inmates who are defenseless against such abuse.
She stressed that if officers expected inmates to follow the law and behave civilly, they must set the example themselves, as violence by officers often breeds more violence within prisons.
Inmates are rarely believed when they report mistreatment, making them especially vulnerable, she added.
“These assaults by LCS officers are serious crimes, not only against the inmates themselves but also against the entire justice system,” she said.
Adv Polaki called for high standards of conduct from correctional staff, stressing that any abuse or excessive force must not be tolerated.
“We must remember that inmates are vulnerable and defenceless and must be protected from violence and excessive force at all times,” she said.
She warned that resorting to violence is a criminal act that went against human rights and modern approaches to rehabilitation but, instead, fosters resentment and could turn potentially reformable inmates into hardened criminals.
Adv Polaki had issued recommendations which included prosecution of those found guilty in the torture and murder of inmates and had called for their implementation within six months.
On the face of the report Adv Polaki had declared in italics, “It might be appealing for some to dismiss inmates who are victims of excessive use of force as deserving of their fate; to assume the worst of them and the best of correctional officers. But it is important to remember that inmates, regardless of why they are confined, are human beings deserving of respect, dignity, and humane treatment. They all individually have their own personal stories to tell…”