OMBUDSMAN, Advocate Tlotliso Polaki, has ordered internal investigations into rogue members of the Lesotho Defence Force (LDF) and Lesotho Mounted Police Service (LMPS) accused of torturing and violating the rights of civilians during anti-crime operations.
Adv Polaki has instructed that the investigations be completed and a report issued within six months.
Adv Polaki issued the order during a press briefing yesterday, where she unveiled her 'Final Own Motion Report: An Investigation into Concerns About the Conduct of Military Operations in Various Communities in Lesotho.'
The report details instances of torture and detention of civilians during police and military operations, such as Operation Hard Fist led by the army and Operation Fiela by the LMPS.
Adv Polaki's report reveals harrowing incidents of LDF soldiers brutally torturing and subjecting suspects to inhumane treatment during interrogations under Operation Hard Fist, which was headed by army deputy-commander Major General Matela Matobakele.
The LMPS also subjected suspects to inhumane treatment under Operation Fiela, which involved both police and army officers.
Lesotho's security forces launched Operation Hard Fist and Operation Fiela as Prime Minister Sam Matekane's government's bid to curb a surge of deadly gang violence and killings across the country.
At the heart of the crisis was an ongoing cycle of revenge between rival Famo music gangs who are also involved in illegal gold mining activities in South Africa.
The main objective of these operations was to tackle the rampant killings that had spread like wildfire across Lesotho.
The rivalry between Famo musicians-turned-gangsters had resulted in years of deadly gang warfare, with little regard for human life. Hundreds of gangsters and their families have been killed in Lesotho villages as part of this cycle of revenge.
Provocative lyrics in Famo songs and a battle for control over lucrative illegal gold mines in South Africa, where many gang members work, had further fuelled the violence. In response, the government took drastic measures, including banning the Famo music genre.
However, the killings have continued unabated. In April 2024, just weeks before the ban, Maj Gen Matobakele publicly warned the murderers that the army knew their identities and would come after them, while speaking at the funeral of a family of five killed in the gang violence.
The LDF and LMPS launched the joint operations, as an attempt to curb the killings and incursions.
In her concerning report, Adv Polaki alleged that law enforcement agencies had acted recklessly in executing their operations, violating the human rights of citizens. Adv Polaki's report included harrowing interviews with victims who had been subjected to inhumane treatment.
For instance, one resident of Boleka village in Mafeteng district recounted how army officers had arrived at his home around 5am on June 29, 2024.
The officers forced all the villagers - including the elderly, women, and children - into an open field. There, the villagers were made to roll on the ground across the field while being beaten with sticks on their buttocks.
In most cases, Adv Polaki's report stated, entire villages were mercilessly assaulted. One victim described being kicked in the testicles after becoming exhausted from being forced to do frog jumps and squats in the field.
The report paints a disturbing picture of law enforcement overstepping their bounds and violating the basic rights of citizens during the execution of operations.
Advocate Polaki's findings suggest an urgent need to investigate these alleged abuses and hold the responsible parties accountable.
"The men were also forced to do frog jumping exercises and push ups, run across the field area back and forth and whenever a person was unable to so do, they would be thoroughly beaten and be subjected to the inhumane ill treatment.
"I failed to understand what wrong I had done, moreso, as I was the one who had solicited their assistance following the murder of three (3) family members namely Tanki Ntso, Mohapeloa Tšoeu and Mothiti 'Moleli who were shot and killed by unknown gunmen a few days prior thereto in the village. Many of the villagers were ill-treated because the officers wanted to extract information from us, on the murder of some old lady in the village," one of the victims recounted their harrowing experiences.
Adv Polaki explained that she had kept victims' identities secret for their protection.
Another victim recounted how during a "Hard Fist Operation," he was kicked in the testicles for being unable to complete the ordered squats, push-ups, and crawling exercises.
The man explained, "I was kicked in the testicles because I didn't have the energy to squat, frog jump, and crawl across the field. This was the day of the burial for three villagers who had been murdered by unknown gunmen."
The army, the victim continued, had directed all villagers to leave the funeral and coffins unattended so they could gather in the field. An 80-year-old and father of the deceased was ordered to squat with the others, but he told the officers to just "finish him off" like the gunmen did his own sons who were being buried that day. The officers ultimately left the elderly man alone and did not harass him further.
Adv Polaki further stated that her investigation team had found that some community members had wounds and handcuff marks, indicating they had been beaten. She said these individuals were not provided with any medical care.
The investigation team also conducted numerous independent interviews with various community members, victims of the alleged incidents, chiefs, councillors, senior officers, and management from both the LDF and LMPS.
The investigation revealed that some of the measures taken infringed on the fundamental human rights and freedoms of individual community members.
The ombudsman also received documented evidence showing wounds on some victims that were consistent with relentless beatings by sticks or rods.
"The marks had an appearance of being very systematic and forceful. Other victims displayed excessively tight handcuffing marks, and some indicated they never received any necessary medical treatment following their experiences.," Adv Polaki said.
"Accounts from communities suggest the incidents have negatively affected them to the point that many no longer trust law enforcement agencies, particularly the army, due to the alleged rights violations."
Thus, Adv Polaki recommended that the LDF conduct internal investigations and hold its rogue personnel accountable, regardless of their status or rank in the army.
"The LDF should conduct internal investigations to determine if any army officers breached its own rules, based on the matters reported," she said.
"If so, any such soldiers or officers should be held liable regardless of their status."
"The LMPS should conduct internal investigations to determine if any police officers breached its own rules, based on the matters reported," she said. "If so, any such officers should be held liable regardless of their status."
The government should consider compensating victims of police and army torture, Adv Polaki said.
Adv Polaki also recommended that "a consideration of strategies for eliciting meaningful disclosures without resorting to coercive forms of interrogation should be encouraged for enforcement within security agencies."
Furthermore, the report expressed the need to train officers on international law, criminal law and human rights law to mitigate abuse and torture.
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"Officers should continue to be trained in international law, criminal law and human rights law as a means to mitigating the abuse and torture of communities," Adv Polaki said.
Adv Polaki again recommended that parliament establish an independent Office of the Military Ombudsman. The purpose would be to ensure that the army had an office to investigate complaints lodged by and against military members.
The Ombusdman further stated that Parliament should act quickly to set up this independent ombudsman's office. The office should be led by someone experienced in military and public administration, preferably a retired senior army officer.
"This independent office would help guarantee the LDF and security sector have continuous means to investigate complaints from military personnel regarding their conditions of service, as well as complaints from the public about actions that need to be addressed fairly, promptly, and without bias," she said.
Additionally, Adv Polaki suggested the government could consider establishing a Commission of Inquiry, led by a judge, to further investigate the alleged human rights violations and concerns raised in his report, in accordance with the Public Inquiries Act.
The Ombudsman stated that the recommendations should be carried out within six months of the issue of her report.
When asked what recourse she would take if the remedial actions were not followed, she said parliament would have to "hold the relevant authorities accountable".
"The intention is to ensure that parliament acts on the reports and holds the authorities responsible to account," she said.
She said people often assumed the Ombudsman's Office was "a toothless dog" because its remedial actions were called "recommendations," implying they were non-binding.
But ultimately, her recommendations should be considered binding and enforceable by Parliament.
