Inmates denied right to mourn loved ones

’MATHATO SEBOKA

MASERU — The plight of inmates in Lesotho’s correctional facilities has once again come under the spotlight, as harrowing testimonies this week revealed the systematic denial of basic human rights, including the right to mourn and bury loved ones.

Captain Litekanyo Nyakane of the Lesotho Defence Force (LDF), an inmate who has experienced the harsh realities of incarceration first-hand, testified before a Commission of Inquiry this week, shedding light on the severe restrictions placed on inmates, even in the face of court rulings.

His account paints a grim picture of the Lesotho Correctional Services (LCS), where legal victories are often rendered meaningless by the prison administration’s refusal to comply. Nyakane recounted his own painful experience of being barred from attending his mother’s funeral in November 2023.

Despite securing a court order permitting him to attend the burial, the prison authorities denied his request. “There is never a time the prison allows an inmate to bury his family; even after the judgment, they are still not allowed,” Nyakane told the Commission.

“Personally, the prison refused when I went to my mother’s funeral. On that Thursday, when she was supposed to be buried on Saturday, I was denied the right to go bury her. My lawyer had to execute a court case that day, and the court granted me the order to go bury my mother.”

Nyakane’s ordeal is not an isolated incident. He spoke of other inmates who faced similar hurdles, including a fellow prisoner named Fako, who also had to seek judicial intervention to bury his mother.

Another inmate, Makhoali, faced a heart-wrenching situation where both his parents passed away, forcing him to appeal to the courts. In an unexpected act of compassion, Commissioner Mating Nkalala reportedly allowed him to attend his father’s funeral without the need for another court order, a rare exception in an otherwise rigid system.

The emotional and financial toll of such legal battles is profound. Nyakane highlighted the burden placed on inmates who must not only grieve but also navigate the costly and complex legal system to exercise their basic right to mourn.

“The fact that for one to go bury their loved one, they have to go through more expenses to pay the lawyer in order to be granted a chance to go bury their loved one is what makes inmates not go to funerals because most inmates do not have such means,” Nyakane explained.

Beyond the struggle to attend funerals, his testimony unveiled a darker side of life within the prison walls—an environment marked by violence and abuse.

He recounted multiple instances of inmates being assaulted by correctional officers, often with fatal consequences. In one particularly disturbing incident in 2017, Nyakane described hearing the cries of a mentally disturbed inmate who was brutally beaten by officers.

“I do not know if that inmate lived, but we found out from inmates who we found already staying in the new block that that inmate was mentally disturbed,” he recalled.

The violence is not limited to isolated incidents. Nyakane spoke of inmates being assaulted for attempting to escape or simply for being involved in altercations with officers.

One such case involved an inmate who had a confrontation with Correctional Officer Ntsane, which escalated to the point where the inmate stabbed the officer with a sharp object.

Nyakane did not witness the stabbing but saw the aftermath—the inmate being relentlessly beaten by officers even after being handcuffed and restrained.

“They continued to assault him even when he was cuffed on both hands and feet,” Nyakane said, his voice heavy with the weight of the memories.

These accounts underscore the urgent need for reform within Lesotho’s correctional system. The Commission of Inquiry, tasked with investigating these abuses, faces the daunting challenge of addressing systemic issues that have long plagued the LCS.

For inmates like Nyakane, the fight for dignity and justice is ongoing, as they continue to grapple with a system that seems more intent on punishment than rehabilitation.