…Fends off claims of systemic abuse and non-adherence to mandate 

10 June 2025 by Teboho Khatebe Molefi

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The Lesotho Correctional Services (LCS) has faced significant scrutiny regarding the welfare and rights of prisoners, particularly following the 2024 Ombudsman’s report that exposed systemic human rights violations – but Senior Assistant Commissioner Phoka Scout says the institution remains true to their mandate.

The Ombudsman’s investigation had revealed widespread torture, excessive force, and denial of medical care at the Maseru Correctional Centre Institution (MCCI), implicating officers – including recruits – and senior officials accused of turning a blind eye.

Despite these allegations, Senior Assistant Commissioner Scout, head of the LCS Health Services, maintains the institution is fulfilling its mandate, even as evidence points to deep-rooted impunity. 

Scout’s reassuring statements emerged during exchanges before Parliament’s Pandemics Committee on May 19, which attracted a litany of questions from legislators – including inflammatory remarks by Matsieng constituency legislator, Moshe Makotoko, criticising the humane treatment of prisoners within the LCS. Makotoko went as far as wishing for higher mortality rates in LCS facilities.

The LCS had appeared before the committee to present a report on infectious disease management in correctional facilities – in particular the state of HIV/Aids and Tuberculosis and the rate of infection amongst inmates in national correctional facilities.

It is during this presentation that Moshe diverted discussions, stating: “I fail to understand why prisoners are treated well yet they have done so many bad things.”

He further questioned inmates’ mortality rates, asking “how many die? Maybe the number should increase,” a comment that drew gasps from attendees as reported by Uncensored News.

The legislator’s criticism was received with outrage and disbelief that swept across the country.

Public and civil society backlash was also quick following the report, with critics swiftly condemning Moshe’s remarks as dehumanising and contrary to human rights principles.

According to the UN standard minimum rules for the treatment of prisoners, states are urged to respect the inherent dignity of inmates and value as human rights. They cannot be subjected to an inhumane or ill-treatment, according to the Assistant Director in the Centre for Human Rights at the South African University of Pretoria, Lloyd Kuveya.

Kuveya continued that inmates have a right to adequate food, accommodation, bathrooms and healthcare despite their imprisonment. When people are incarcerated they do not lose their human rights,

Speaking in an interview with Public Eye, Kuveya also highlighted that one key right inmates lose is their freedom of movement emphasising that they “still have their right to life, dignity, equality etc. And those rights must be protected.”

“The Robben Island Guidelines also provide guidance on the treatment of prisoners.”

In line with these international conventions, a passionate Scout gave a spirited exhortation before the Pandemics Committee also arguing that it cannot be correct to suggest that inmates should be deprived of food, medication attention and all other services a living human being require as that “will just be out of order.”

The LCS senior assistant commissioner emphasised that when the courts of law convicts and sentences an accused person, that sentence is supposed to be their punishment.

“A person is sentenced to prison as punishment, and not for punishment…so the people who are sent to our correctional facilities have already received their punishment from the courts which curtail their freedom of movement,” Scout said during the presentation as recorded by Uncensored News.  

He pointed out, however, that this does not mean by sentencing an individual the courts condemn them to daily punishment in the hands of the LCS officers while incarcerated.

“Restricting their freedom of movement is punishment enough, that is their punishment.”

Scout continued to highlight that of the many principles that guide them in in carrying out their mandate is the notion that prisoners are a community, they come from the community and they will go back to the community… “except for a few that are condemned to death, those are the only ones who are not expected to return to their respective communities…and only if they are not granted a Royal Pardon by the King.”

“Those are the only ones whose fate is to die in incarceration. As for the rest, the expectation is that one day they will leave our facilities and return to their families and communities as changed law-abiding citizens…fully rehabilitated within our centres.”

The Ombudsman’s report documented a December 2023 incident where 300 of 650 inmates were beaten during a ‘routine search’ deliberately staged to provoke violence. Officers colluded to justify abuses, while injured detainees were denied medical treatment.

 
Security footage on incidents of the day showed 61 officers participating in the assault of inmate Bokang Tsoako, who died after being beaten with sticks, pushed into walls, and denied timely care. Senior officers, including Scout, were present during the attack.

 
The Ombudsman highlighted a culture of impunity, outdated regulations – some dating to 1957 – and a lack of accountability, urging immediate reforms to align with international human rights standards.

While Commissioner Scout has publicly emphasised the LCS’s commitment to its mandate before the Pandemics Committee, his role during the Tsoako incident raises questions.

Witness testimony to a commission established to probe the December 2023 violence at the MCCI noted he briefly intervened to stop the assault, but violence resumed after he left.

The scandal reflects Lesotho’s struggle with rule of law and institutional corruption, exacerbated by lack of political will and weak governance within the institution. The LCS’s credibility hinges on transparent accountability – not just assurances of compliance as the Ombudsman’s report confirms a deeply ingrained culture of impunity.

Without justice for victims and systemic overhaul, Lesotho’s prisons will remain sites of abuse, not rehabilitation, Vongai Chikwanda, Amnesty International’s Deputy Regional Director for East and Southern Africa said following reports of these human rights violations at the MCCI. 

Chikwanda noted that while Lesotho’s correctional system has a mandate to uphold human rights, systemic failures persist, a need for reforms that must prioritize accountability, oversight, and humane treatment to ensure prisoners’ welfare aligns with constitutional and international obligations.

The country’s correctional system, as governed by the LCS, is tasked with ensuring safe custody, rehabilitation, and reintegration of inmates while upholding their human dignity. However, regular reports of abuse highlight systemic challenges, including torture, overcrowding and inadequate oversight, which undermine prisoners’ welfare and rights.

The reports align with broader concerns about inhumane conditions, including overcrowding and lack of access to justice in a system that also lacks robust monitoring mechanisms.

This prison system operates within the broader SADC, where overcrowding and poor conditions are widespread. Only four SADC states, Lesotho, Namibia, Botswana, and Seychelles maintain prison occupancy rates below 100 percent, while others exceed 250 percent. 

 But while the national occupancy rate is relatively better, the MCCI abuses underscore systemic issues like staff misconduct and inadequate oversight, which mirror regional challenges.  Advocacy groups have stressed the need to adopt standards like the UN Nelson Mandela Rules, which prohibit torture and mandate humane treatment.

The Ombudsman’s office continues to monitor implementation of its recommendations. Civil society organizations, like Amnesty International, play a critical role in pressuring authorities to uphold pledges and ensure transparency, and while pledges, like Senior Assistant Commissioner Scout’s to respect prisoner rights mark a positive step, their effectiveness hinges on sustained political will, adequate funding, and independent monitoring.

Government’s response to the MCCI scandal stands as a litmus test for its commitment to human rights in corrections.

This story was originally produced by Public Eye.