Ombudsman makes drastic recommendations targeted at reforming LCS and officers’ conduct
Sekete Lesaoana
The Commissioner of the Lesotho Correctional Service (LCS) should take administrative action against Rats’ele and Motanya for failing to execute their duty resulting in the brutal torture of inmates at the Maseru Central Correctional Institution (MCCI) last December.
This is one of the 26 recommendations by the Ombudsman, Advocate Tlotliso Polaki, after an investigation into the brutal torture of inmates last year.
The inmates were allegedly tortured by trainee LCS officers under the command of chief officers Rats’ele and Motanya.
Adv Polaki’s recommendations were released as part of a 59-page report into the human rights abuses by LCS officers. The report was released in Maseru Tuesday.
The Ombudsman said the chief officers were guilty of dereliction of duty by failing to contain officers under their command.
Ombudsman recommends disciplinary action against senior LCS officers
“The Commissioner should institute disciplinary action against Officer L Liholo and Officer S
Mokoara, who opened the cells across all the blocks and were present during the search operation at the
time the recruits were abusing and beating up the inmates; they continued to expose inmates to torture
and failed to act in a manner befitting that would ensure that inmates were protected; further, that they
failed to report the incidents to their superiors at the MCCI even as they saw that the Correctional Staff Training School (CSTS) recruits were aggressive and undertaking the search operation in a manner that infringed on the rights of inmates contrary to section 8 of the Constitution of Lesotho, 1993 (as amended), section 40 of the Correctional Services Act No 3 of 2016 and section 11 of the Human Rights Act No 26 of 1983,” Adv Polaki said.
The Commissioner should also investigate the 114 male recruits who abused and mistreated inmates by torturing and beating them up for absolutely no apparent reason. All the 114 recruits acting in concert, should be discipled in accordance with internal rules and should, at the very least, forfeit their salaries for a period of three (3) months, and at most, be removed from the service.
The Lesotho Mounted Police Service (LMPS) should investigate, and the office of the Director of Public Prosecutions (DPP) should prosecute the CSTS officers who caused grievous bodily harm on inmates.
“The LMPS should investigate further the circumstances that led to the death of the deceased Bokang
Tsoako, who died at the institution following his rearrest executed by correctional officers; in particular,
the sergeants who were present and in office on the afternoon of the 22nd December 2023. The
Commissioner should further institute disciplinary action against such correctional officers, that may
result in their removal from office for using excessive force on an inmate thereby causing his death.
The sergeants who acted in contravention of section 8 of the Constitution of Lesotho, 1993, Section 40
of the Correctional Services Act 2016, Section 11 of the Human Rights Act No of 1983, and the Penal
Code should accordingly be criminally charged for the resultant death of the inmate,” Adv Polaki’s report read.
Ombudsman says the police must investigate circumstances around the horrific torture which left inmate crippled
She recommended that the LMPS should investigate the circumstances that led to grievous bodily harm on Tlotliso Bereng, who was assaulted by officers resulting “in his disablement”. Resultant disciplinary action “may result in their removal from office for using excessive force on an inmate thereby causing his
Disability”.
The Ombudsman also recommended that the DPP should take legal action against officers Motiki Mohale, Matete Mahao, Lehlohonolo Ralebese, Khosi Hlalele, Lehlohonolo Thetso, Lehlohonolo Posholi, Sepiriti Malefane and Lehlohonolo Moabi for perjury after they attempted to “give false testimony or information and willfully withhold and conceal information in respect of material aspects of the investigation, which is a violation of section 20(b) of the Ombudsman Act”.
Immediate measure must be taken to implement “standards and hold officers accountable, review and improve practices, processes and procedures regulating search and seizure exercises, the opening and closure practices of cells at the MCCI and other stations including the promotion and protection of inmates incarcerated. The institution lacks adequate written policies around the administration of searches (and procedures for searching non-compliant inmates), maintenance of security, good order, discipline and which have to be conducted with due regard to inmates’ dignity and respect”.
“The Ministry of Law and Justice should address and significantly improve the working conditions
and environment of correctional officers together with related staff, which include the outstanding
harmonisation of LCS officers’ remuneration packages and which, in my view, will likely bring about
positive lasting changes.”
Critically, “there should also be a segregation of duties within the LCS, which serves as a
foundation of effective internal controls. Responsibilities of individual officers and those in authority
should be clarified and should not be centrally held”.
“As such, there is a need to overhaul management systems as a whole and the institutional structure should be fit for purpose. Senior officers in the lead should exercise basics of good management practices i.e. coaching, delegating, planning, goal setting and motivating staff on a day to day basis. The delineation of roles within the LCS will ensure that there exists a smooth and efficient day to day operations which will also allow them to be effective leaders,” Adv Polaki said.
The commissioner should come up with a plan to immediately curb brutality and violence against inmates.
Recruits and other culpable officers must be subjected to disciplinary action and face resultant consequences – Ombudsman
“The Commissioner should ensure that all culpable officers are subjected to disciplinary action and
should face the consequences of their actions; in particular, the recruit officers and instructors who are
unfit for the job of rehabilitating offenders. The Commissioner of the LCS should take adequate steps and measures to discipline all senior officers who failed to undertake their oversight function over the search operation while present at the MCCI. The Commissioner should ensure that there is always a rapid response team in place during general searches that will guard against similar incidents taking place and that is well equipped to disperse rogue officers should similar incidents happen at any of the facilities.”
Other matters that need to be addressed urgently include training of officers on handling inmates, installation of surveillance equipment and payment of compensation to victims of torture.
“The Ministry of Law and Justice should ensure that pecuniary compensation is paid to victims of
torture by correctional officers; which should inter alia include Tlotliso Bereng, who is now disabled
as a result of the torturous beatings and the family of the deceased Bokang Tsoako. What happened to inmate Tlotliso Bereng is horrific and he is now being cared for by his family which now has to take drastic life changing measures at an immeasurable cost; he is in a state of disability as he is now assisted to do everything like a child.
“Government should provide redress for the victims who were subjected to torture and ill treatment or their families where appropriate, should obtain redress and have an enforceable right to fair and
adequate compensation, including the means for as full rehabilitation as possible for the tortured victims,” Adv Polaki said.
She counselled that the LCS should ensure that inmates rights to being treated humanely, with dignity and respect were upheld. The LCS correctional officers should observe and respect all relevant international treaties and standards minimum rules for the treatment of prisoners and in particular, and of particular significance, inmates should be allowed immediate and regular access to their families, legal representatives and medical doctors, and be kept under humane conditions, she said.
“As a prerequisite, the LCS should stop the practice of recruiting and employing individuals prior to
offering adequate training to them at the CSTS. The ‘conversion training’ offered to officers many years following their employment does not seem to be helpful. It should also recruit and hire an entirely new breed of officers who will be receptive to change the institutional customs and practices of using excessive force on inmates; appropriate training that meets international best practices, laws and
protocols against inhumane and disrespectful treatment to inmates prior to taking up duties at LCS stations should be provided. There should therefore be measures in place to further expand training for
correctional officers in dealing with inmates in circumstances where conflicts may arise and how to deescalate such fights.”
Ombudsman says LCS recruitment must be modernised to attract competitive candidates
LCS recruitment should be modernised focusing on attracting a higher calibre of officers “through the use of recruitment, screening and selection tools which will ensure that extensive background checks, psychological and fitness testing are undertaken”. This will ensure that inherently criminal minded individuals are excluded from the recruitment and selection processes from the outset.
Lastly, she said her office should be empowered to investigate all allegations of human rights
violations by law enforcement agencies, including through the allocation of adequate financial and
human resources.
“The Ombudsman’s view is that the torture allegations within the MCCI are widespread, run deep and that the task to investigate the allegations is so huge that she can only manage to scratch the surface. Initially, the intention was to undertake a preliminary investigation that would establish whether there was a prima facie case based on allegations made by inmates, which would then inform her decision to undertake a full-fledged inquiry in accordance with the Act.
“However, due to limitations of resources, and Government’s decision to constitute a commission of inquiry into the torture allegations, the Ombudsman’s report is final and remedial action is that government should appoint, within 30 days, a commission of inquiry into MCCI inmates’ torture, that should be headed by a judge of the High Court. The commission of inquiry should in turn report back to Government within 180 days of its initiation of its investigation,” Adv Polaki said.
She said her recommendations should be implemented by 19 September 2024.
