Response by The minister of foreign affairs on the alleged acts of torture by law enforcement officers
	LESOTHO Office Of the Minister Of Foreign Affairs Maseru , Kingdom of Lesotho FR/CL/ORG/8 01 February 2002 Amnesty International International Secretariat I Eston Stredt, London , WS 1 x 0DW Dear Madam/Sir, On behalf of this Government of the Kingdom of Lesotho, I acknowledge with gratitude receipt of several letters from members of Amnesty International in various countries, addressed to the Rt. Hon. The Prime Minister and Minister of Defence, Pakalitha Bethuel Mosisili, concerning alleged acts of torture supposedly perpetrated by members of the Lesotho Mounted Police Services and/or the Counter Crime Unit. May I take this opportunity to humbly request that future communication from the Organization and/or its members be addressed to my Office. At the onset, I wish to inform the Organization and its members that the Lesotho Government does not condone violations of fundamental human rights and freedoms, by anyone including its law enforcement agencies, It is for this reason that Lesotho is a State Party to all the major United Nations human rights Conventions, including the Convention against Torture. Furthermore, that the Government is working tirelessly to incorporate the principles enshrined in the Conventions into domestic legislation. Taking into account minimal financial and human resources that the Government is faced with, not to mention the legacy of two decades of lack of democracy, we are very much pleased with progress achieved so far. May I highlight, Madam/Sir, that while the Government is currently in the process of implementing the international human rights instruments, there are remedies available for alleged victims of torture. Furthermore, that recently, there has been a significant decline in the number of claims for compensation by alleged victims. Another factor which you may wish to take into account, is that the law enforcement agents receive intensive training in human rights and international humanitarian law. Unfortunately though, quite recently there has been a noticeable increase in the number of police who are being killed by criminals at a time when they are being taught to do operations with no loss of life, as far as is possible. Having brought the aforementioned issues to your attention, let me address cases that seemed to be of great concern to members of Amnesty International. 1) Corporal Monesapula Regarding measures that have been taken by the Government following Corporal Monesapula's death, a postmortem was conducted and showed a gunshot wound on the Corporal's head. An enquiry file No. 03/01/2000, was opened and has already been submitted to the Office of the Director of Public Prosecutions for appropriate follow-up action. An inquest into the cause of Corporal Monesapula's death is therefore expected to take place at the earliest possible date. With regard to the events that led to Corporal Monesapula's death, all personnel who were engaged in the search operation were required to and did submit their reports. The brief outline that follows hereunder is therefore based on those reports and you may wish to note that the correctness/truthfulness of the same has not yet been put to test. · On 15 January 2000 , Corporal Monesapula obstructed members of the Counter Crime Unit (CCU) from effecting arrest on one Rethabile Marole who was suspected to be in possession of illegal firearms and ammunition and also of theft of a motor vehicle. · The CCU reported the matter to the Military Police who summoned the Corporal to come to the Military Police Office to account for his behavior. (N.B. There was no contact between the CCU and Corporal Monesapula after the Military Police took over). · On 16 January 2000 , Corporal Monesapula reported at the Military Police Office. He subsequently ran away when one Captain Thaanyane ordered that he be locked in a cell. · As he was being chased, he turned backwards and threatened to shoot the party following him. · He thereafter disappeared 'into a nearby forest along the Caledon River . A gun sound was heard from the direction where he had disappeared. The search party discovered a blood spoor leading into the Caledon River, Which was in flood at the time. · His corpse was found two weeks later along the River bank 2) Advocate Ts'eliso Fosa An investigation has been conducted concerning Advocate Fosa's case and the findings are as stated below. In November 1999, Advocate Fosa who was representing one Clara Mohlomi, was requested by the police to release a passport belonging to that client which was supposed to be seized as an exhibit in an alleged fraud case committed at the Lesotho Bank, involving an amount of M37,000. Advocate Fosa did not release the passport to the police. Hence, the Maseru Magistrate Court was requested to issue a search warrant. The search warrant was released on 5" November 200 1, but Advocate Fosa still refused to be searched. Consequently, he was arrested and handcuffed. On arrival at the Police Headquarters, he was searched and the passport was found in his possession. He was then given a charge of defeating the ends of justice. The police deny torturing Advocate Fosa, at any time. However, we are confident that Advocate Fosa would be familiar with the procedure to be followed regarding compensation in the event that law enforcement agents are alleged to have committed acts of torture. Should the matter go to court, and the courts of law decide in his favour, the Government would compensate him, accordingly. 3) Mrs. 'Maqentso 'Neko Mrs. 'Maqents'o 'Neko, a suspect in a murder case, was arrested by two policewomen on 5" November 1999, at Marabeng in the Berea District. An investigation concerning the allegation that Mrs. 'Neko was subjected to torture has been conducted. Two officers who effected arrest upon her were identified and they deny the allegation. If Mrs. 'Neko could provide sufficient. evidence to support her allegation, a disciplinary hearing or even criminal proceedings against the relevant officers would follow. To date, Mrs. 'Neko has not done so. 4) Mathato Mariti The complainant who was arrested sometime in November 2000, in the Thaba-Tseka District, alleged that she was indecently assaulted by the police. The complainant lodged a civil claim against the police before the High Court of Lesotho and the said claim was dismissed in October 2000. In this respect, it might suffice to say that the Government recognizes the principle of separation of powers and therefore recognizes and respects the independence of the judiciary. The Government respects the decision of the court. 5) Anthony Liphafa · On 23 September 1998 , Mr. Anthony Liphafa robbed,, at gun point, two Government vehicles donated by an international donor for use by Maoa-Mafubelu Development Project (Project for rural women at Pitseng). · On 30 September 1998, Mr. Liphafa did resist arrest and it should be pointed out that he was armed with a firearm. The police could not persuade Mr. Liphafa to voluntarily hand over his firearm and/or the stolen vehicles. · After a struggle, police officers were able to arrest him and they confiscated from him the two vehicles and the firearm which did not have a license. · His trial date was set for 11 July 2000, and after his counsel alleged that the police had tortured him at the time of his arrest, the Court directed him to visit Queen Elizabeth 11 Hospital, in Maseru , for X- Rays and medical examination. · Mr. Liphafa was further taken to Motebang Hospital , in Leribe, for X-Ray as the facility was not functioning properly at the Hospital in Maseru . · Mr. Liphafa disappeared from Motebang Hospital before he could be examined and never returned. · After a long period of absence Mr. Liphafa surfaced and a new date for hearing was set for 2nd July 2001. · Mr. Liphafa was required but did not submit his medical reports before the set date. He also did not appear in Court on that date, 2nd July 2001. · Recently, another date for hearing was set for 21 November 2001 and once again Mr. Liphafa did not appear in Court. · A criminal case against Mr. Liphafa is still pending. · Should Mr. Liphafa submit the medical reports, the Court would examine the same before proceeding to trial. In conclusion,. let me once again, assure you Madam/Sir, that the Government of the Kingdom of Lesotho endeavours to put in place, as soon as possible, mechanisms, such as the Human Rights Commission, that would probably guarantee full respect for fundamental human rights and freedoms by all, including the law enforcement agencies. Sincerely Motsoahae Thomas Thabane Minister for Foreign Affairs
	SOURCE: THE MINISTRY OF FOREIGN AFFAIRS